ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MANO NEGRA WRECKING CORP.,
    an Illinois corporation, and FERNANDO
    O. ZAMORA, individually and as president
    of MANO NEGRA WRECKING CORP.,
     
    Respondents.
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    PCB 00-103
    (Enforcement - Air)
          
     
    OPINION AND ORDER OF THE BOARD (by M.E. Tristano):
     
    On December 20, 1999, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Mano Negra Wrecking Corp., an Illinois
    corporation, and Fernando O. Zamora, individually and as president of Mano Negra Wrecking
    Corp.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The People allege that
    respondents violated various provisions of the Act, the Board’s air pollution regulations, and the
    federal National Emission Standards for Hazardous Air Pollutants. The People further allege
    that respondents violated these provisions by failure to provide a completed notification of
    demolition; by failure to adequately wet asbestos containing waste material; causing or allowing
    open dumping; and causing or allowing litter. The complaint concerns respondents’ demolition
    of structures located in a residential neighborhood at 2535 East 100th Street and 10601 South
    Torrence Avenue, Chicago, Cook County.
     
    On January 27, 2003, the People and respondents filed a stipulation and proposed
    settlement, 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)). 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
    Chicago Sun-Times
    on February 6, 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) (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
    respondents’ 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 respondents’ have
    satisfied Section 103.302. Respondents neither admits nor denies the alleged violations and
     
     
      
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    Mano Negra Corp. agrees to pay a civil penalty of $20,000 and Fernando O. Zamora agrees to
    pay a civil penalty of $5,000. 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.
     
    2. Mano Negra Corp. must pay a civil penalty of $20,000 no later than April 7,
    2003, which is the 30th day after the date of this order. Fernando O. Zamora must
    pay a civil penalty of $5,000 no later than April 7, 2003, which is the 30
    th
    day
    after the respondents must pay the civil penalty by certified check or money order,
    payable to Environmental Protection Fund. The case number, case name, and
    respondents' social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3. Respondents 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) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5. Respondents 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) (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.
     
     
      
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on March 6, 2003, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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