ILLINOIS POLLUTION CONTROL BOARD
    November 15, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DIAMOND PLATING COMPANY, an
    Illinois corporation,
     
    Respondent.
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    PCB 01-151
    (RCRA Enforcement)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On May 8, 2001, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Diamond Plating Company (Diamond).
    See
    415
    ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Diamond violated
    Section 722.141 of the Board’s regulations by failing to submit a Hazardous Waste Generator
    Annual Report for 1998. The complaint concerns Diamond’s nickel and chrome plating facility
    at #5 Cain Drive in Madison, Madison County.
     
    On October 11, 2001, the People and Diamond filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Environmental Protection Act (Act) (415 ILCS 5/31(c)(1) (2000)). This filing is
    authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code
    103.300(a). The Board provided notice of the stipulation, proposed settlement, and request for
    relief. The newspaper notice was published in
    The Telegraph
    on October 12, 2001. 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) (2000); 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. 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
    Diamond’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) (2000)). The People and Diamond have satisfied
    Section 103.302. Diamond admits the alleged violation(s) and agrees to pay a civil penalty of
    $4,000. 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.
     
     
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    2. Diamond must pay a civil penalty of $4,000 no later than December 15, 2001,
    which is the 30th day after the date of this order. Diamond must pay the civil
    penalty by certified check or money order, payable to Treasurer of the State of
    Illinois, designated to the Environmental Protection Trust Fund. The case
    number, case name, and Diamond’s federal employer identification number (37-
    0800564) must be included on the certified check or money order.
     
    3. Diamond must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    A copy of the transmittal and check shall be simultaneously submitted to:
     
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 S. Second Street
    Springfield, Illinois 62706
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5. Diamond must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    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
    order. 415 ILCS 5/41(a) (2000);
    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 November 15, 2001, by a vote of 7-0.
     
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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