ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    KENNETH MINOR and KEITH MINOR,
    individually and doing business as
    MOTORSPORT PARK, and MOTO SPORTS,
    INC., an Illinois corporation,
    Respondents.
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    PCB 00-156
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    On November 3, 2000, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter. The
    complaint alleged that respondents violated Section 12(f) of the Environmental Protection Act
    (Act) (415 ILCS 5/12(f) (1998)), and Section 309.102(a) of the Board water pollution
    regulations, 35 Ill. Adm. Code 309.102(a) by discharging contaminants without an NPDES
    permit.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The notice appeared in the
     
    Herald News
    on
    November 7, 2000. The Board did not receive any requests for hearing. Accordingly, the Board
    grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondents admit
    the alleged violations and agree to pay a civil penalty of $3000
    .
    Respondents must continue to
    comply with any federal, State, or local regulations including, but not limited to, the Act and the
    Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1. The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Kenneth Minor and Keith Minor,
    individually and doing business as Motorsport Park, and Moto Sports, Inc.,
    2
    regarding its dirt race track facility located at 28234 Kelly Road, Wilmington,
    Will County, Illinois 60481. The stipulation and settlement agreement is
    incorporated by reference as though fully set forth herein.
    2. Respondent shall pay the sum of $3000 within 30 days of the date of this order.
    Such payment shall be made by certified check or money order payable to the
    Illinois Environmental Protection Agency, designated to the Environmental
    Protection Trust Fund. The case number, case name, and the respondent’s federal
    employer identification number 36-2703138 shall also be included on the certified
    check or money order and should clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3. The certified check or money order shall be sent 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:
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, IL 62706
    4. Any such penalty not paid within the time prescribed shall incur interest at the rate
    set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
    ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment is due
    until the date payment is received. Interest shall not accrue during the pendency
    of an appeal during which payment of the penalty has been stayed.
    5. Respondent shall cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill.
    2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above opinion and order was adopted on the 7th day of December 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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