ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    AMERICAN WOOD RECYCLING, INC., an
    Illinois corporation,
     
    Respondent.
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    PCB 00-4
    (Enforcement - Land)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
     
    On July 9, 1999, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against American Wood Recycling Inc.
    See
    415 ILCS
    5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that American Wood
    Recycling Inc. violated Section 21(a), (p)(1), (d)(1), (d)(2), and (e) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(a), (p)(1), (d)(1), (d)(2), and (e) (2000)), and the Board’s
    waste disposal regulations at 35 Ill. Adm. Code 812.101(a).
     
     
    On July 12, 2001, the People and American Wood Recycling Inc. 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) (2000)). This filing is authorized by Section
    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
    Hoffman
     
    Estate Review
    . 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
    American Wood Recycling Inc. 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 American Wood Recycling Inc. have satisfied Section 103.302. American Wood Recycling
    Inc. admits the alleged violations 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.
     
     
     
    2
     
    2. American Wood Recycling Inc. must pay a civil penalty of $4,000 no later than October
    6, 2001, which is the 30th day after the date of this order. American Wood Recycling
    Inc. must pay the civil penalty by certified check or money order, payable to
    Environmental Protection Trust Fund. The case number, case name, and American
    Wood Recycling Inc.’s social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3. American Wood Recycling Inc. must send the certified check or money order by first
    class mail 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 payment transmittal and check shall be simultaneously submitted
    to:
     
    Zemeheret Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    Illinois Attorney General’s Office
    188 W. Randolph St., 20th Floor
    Chicago, Illinois 60601
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section 42(g) of the
    Environmental Protection Act (415 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. American Wood Recycling Inc. 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, hereby certify that the
    Board adopted the above opinion and order on September 6, 2001, by a vote of 7-0.
     
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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