ILLINOIS POLLUTION CONTROL BOARD
    October 2, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ROBERT HAMM d/b/a THREE R’S PIER
    BUILDERS,
     
    Respondent.
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    PCB 03-128
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 26, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Robert Hamm, an individual doing business
    as Three R’s Pier Builders (Hamm). The People alleged that Hamm violated Sections 12(a), (c),
    and (d) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), (c), (d) (2002)) and
    Sections 302.203 and 306.304 of the Board’s regulations (35 Ill. Adm. Code 302.203, 306.304)
    because Hamm severed and blocked a sanitary sewer line, discharging 10,000 gallons of sewage
    into Fox Lake. The complaint concerns Hamm’s boat dock and pier construction business at
    34678 N. Michael Road in Ingleside, Lake County. The parties now seek to settle. For the
    reasons below, the Board accepts the parties’ stipulation and proposed settlement.
     
    On September 2, 2003, the People filed a stipulation and proposed settlement with
    Hamm, accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (2002),
    amended by
    P.A. 93-152, eff. July 10, 2003). This filing is
    authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002),
    amended by
    P.A. 93-152,
    eff. July 10, 2003), which requires that the public have an opportunity to request a hearing
    whenever the State and a respondent propose settling an enforcement action without a public
    hearing.
    See
    35 Ill. Adm. Code 103.300(a).
     
    The Board provided notice of the stipulation, proposed settlement, and request for relief.
    Notice was published in the
    Fox Lake Press
    on September 5, 2003. The Board did not receive
    any requests for hearing. The Board grants the parties’ request for relief from the hearing
    requirement.
    See
    415 ILCS 5/31(c)(2) (2002),
    amended by
    P.A. 93-152, eff. July 10, 2003; 35
    Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements.
    See
    35 Ill. Adm. Code 103.302. These requirements
    include stipulating to facts on the nature, extent, and causes of the alleged violations and the
    nature of respondent’s operations. Section 103.302 also requires that the parties stipulate to facts
    called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002),
    amended by
    P.A. 93-152, eff.
    July 10, 2003), which bears on the reasonableness of the circumstances surrounding the alleged
     
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    violations. Among other things, the stipulation states that Hamm “is currently in compliance,
    after the Village of Fox Lake repaired the sewer.” Stipulation at 5. The Board finds that the
    parties have satisfied Section 103.302.
       
    The stipulation also addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h)
    (2002),
    amended by
    P.A. 93-152, eff. July 10, 2003), which may mitigate or aggravate the civil
    penalty amount. Hamm neither admits nor denies the alleged violations, but agrees to pay a
    $2,500 civil penalty, which the stipulation states will deter future violations by Hamm and
    others. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Hamm must pay a civil penalty of $2,500 by November 3, 2003, which is the first
    business day following the 30th day after the date of this order. Hamm must pay
    the civil penalty by certified check or money order, payable to the Illinois
    Environmental Protection Agency, for deposit into the Environmental Protection
    Trust Fund. The case number, case name, and Hamm’s social security number or
    federal employer identification number must be included on the certified check or
    money order.
     
    3. Hamm must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002),
    amended by
     
    P.A. 93-152, eff. July 10, 2003) at the rate set forth in Section 1003(a) of the
    Illinois Income Tax Act (35 ILCS 5/1003(a) (2002)).
     
    5. Hamm must cease and desist from future violations.
     
    IT IS SO ORDERED.
     
    Board Member W.A. Marovitz dissented.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
     
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    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on October 2, 2003, by a vote of 6-1.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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