ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SCHMIDT BROS. LANDSCAPING &
    EXCAVATING, INC., an Illinois
    corporation,
    Respondent.
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    PCB 96-145
    (Enforcement - Air, Land)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Illinois Pollution Control Board (Board) upon a three-
    count complaint filed December 27, 1995, by the Attorney General of the State of Illinois, on
    behalf of the Illinois Environmental Protection Agency and the People of the State of Illinois,
    against Schmidt Bros. Landscaping & Excavating, Inc. (Schmidt), an Illinois Corporation,
    located at 24222 South Cicero Avenue, Monee, Will County, Illinois. The complaint alleges
    that Schmidt violated Sections 9(a), 9(c), 21(a), and 21(p) of the Illinois Environmental
    Protection Act (Act) (415 ILCS 5/9(a), 5/9(c), 5/21(a), and 5/21(p)) and 35 Ill. Adm. Code
    201.141, and 237.102(a) for open dumping, open burning and causing or allowing air
    pollution.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on April 26, 1996. The Board published a notice of the waiver
    on April 30, 1996; no objection to the granting of the waiver was received. Waiver of hearing
    is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on April 26, 1996. The
    Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. Schmidt admits the alleged violations and agrees to pay a civil penalty of
    five thousand dollars ($5,000.00).
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondent’s responsibility to comply with any
    federal, state or local regulations, including but not limited to the Act and the Board’s
    pollution control regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement Agreement executed by
    the People of the State of Illinois and Schmidt Bros. Landscaping & Excavating,
    Inc. (Schmidt), an Illinois Corporation, located at 24222 South Cicero Avenue,
    Monee, Will County, Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth herein.
    2)
    Schmidt shall pay a total sum of five thousand dollars ($5,000.00). Payment
    shall be made pursuant to the following schedule:
    a.
    $1,400.00 within thirty (30) days from the date of this final Board order
    approving the parties stipulation and proposal for settlement; and
    b.
    $600.00 every six (6) months thereafter until payment is made in full.
    Such payment shall be made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the Environmental Protection Trust
    Fund and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    The certified check or money order shall clearly indicate on its face, Schmidt’s
    Federal Employer Identification Number 36-2781693 and that payment is
    directed to the Environmental Protection Trust Fund. A copy of the payment
    transmittal and check shall be simultaneously submitted to:
    Alyssa L. Fron
    Environmental Bureau
    Illinois Attorney General’s Office
    100 West Randolph Street
    Chicago, Illinois 60601
    Any such penalty not paid within the time prescribed shall incur interest at the rate set
    forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35 ILCS
    5/1003), as now or hereafter amended, from the date payment is due until the date
    payment is received. Interest shall not accrue during the pendency of an appeal during
    which payment of the penalty has been stayed.
    3)
    Schmidt shall cease and desist from the alleged violations.
    3
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill. Adm. Code
    101.246 "Motions for Reconsideration.")
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the _____ day of ___________, 1996, by a vote
    of ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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