ILLINOIS POLLUTION CONTROL BOARD
    December 20, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BRAKE’S ENTERPRISES, INC. d/b/a
    BRAKES AMOCO,
     
    Respondent.
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    PCB 00-9
    (UST Enforcement)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On July 21, 1999, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Brake’s Enterprises, Inc. d/b/a Brake’s Amoco
    (Brake’s).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that
    Brake’s violated 35 Ill. Adm. Code 732.202(a)-(d). The People further allege that Brake’s
    violated these provisions by failing to comply with the reporting and response requirements
    regarding the release of an unknown quantity of gasoline from an underground storage tank. The
    complaint concerns Brake’s gasoline service station in Fisher, Champaign County.
     
    On November 16, 2001, the People and Brake’s 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, including published notice in the
    Fisher Reporter
    on November 21, 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
    Brake’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 Brake’s have satisfied
    Section 103.302. The stipulation and proposal for settlement does not indicate whether Brake’s
    admits or denies the alleged violations. Brake’s agrees to pay a civil penalty of $5,000 by
    January 31, 2002. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
    2
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Brake’s Enterprises, Inc. d/b/a Brake’s Amoco (Brake’s) must pay a civil penalty
    of $5,000 no later than January 31, 2002, which is the date specified in the
    settlement. Brake’s must pay the civil penalty by certified check or money order,
    payable to the Environmental Protection Trust Fund. The case number, case
    name, and Brake’s social security number or federal employer identification
    number must be included on the certified check or money order.
     
    3.
    Brake’s 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
     
    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.
    Brake’s 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 December 20, 2001, by a vote of 7-0.
     
     
     
      
     
    3
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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