ILLINOIS POLLUTION CONTROL BOARD
    July 21, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    PAUL DIFRANCO, SR. and MARK’S
    CONSTRUCTION, INC.,
     
    Respondents.
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    PCB 05-13
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On July 29, 2004, the Office of the Attorney General, on behalf of the People of the State of
    Illinois (People), filed a five-count complaint against Paul DiFranco and Mark’s Construction,
    Inc. (respondents)
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People
    allege that respondents violated Section 9(a) and 9.1(d)(1), of the Environmental Protection Act
    (Act) (415 ILCS 5/9(a) and 9.1(d)(1) (2004)), 35 Ill. Adm. Code 201.141, and 40 C.F.R.
    §61.145(b)(1), §61.145(c)(1), §61.145(c)(6), §61.150(b). The People allege that respondents
    violated these provisions when renovating a facility at 911 West Busse Avenue, Park Ridge,
    Cook County.
     
    On May 27, 2005, 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2004)).
    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
    several newspapers published by Pioneer Press including the
    Park Ridge Herald
    . The notice was
    published on June 2, 2005. 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)
    (2004); 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) (2004)). The People and respondents have
    satisfied Section 103.302. Respondents neither admit nor deny the alleged violations and agree
    to pay a civil penalty of $22,000. 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.
    Paul DiFranco and Mark’s Construction, Inc. must pay a civil penalty of $22,000,
    no later than August 22, 2005. Paul DiFranco and Mark’s Construction must pay
    the civil penalty by certified check money order, or electronic transfer, payable to
    Illinois EPA designated for the Illinois Environmental Protection Trust 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.
    Paul DiFranco and Mark’s Construction 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.
    A copy of each certified check, money order, or electronic funds transfer and any
    transmittal letter shall be sent to:
     
    Stephen J. Sulvestor
     
    Assistant Attorney General
    Environmental
    Bureau
     
    188 W. Randolph St., 20th Floor
    Chicago,
    Il.
    60601
     
    Chris Pressnall
    Assistant Counsel
    Illinois Environmental Protection Agency
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    5.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    6.
    Paul DiFranco and Mark’s Construction must cease and desist from the alleged
    violations.
     
     
      
     
    3
    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) (2004);
    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 July 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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