ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ARTURO RIVERO d/b/a SWISS
    CLEANERS,
    Respondent.
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    PCB 00-109
    (Enforcement – Air)
    ORDER OF THE BOARD (by N.J. Melas):
    On December 29, 1999, the People of the State of Illinois (People) filed a three-count
    complaint against respondent Arturo Rivero d/b/a Swiss Cleaners (Rivero), a dry cleaning
    facility operator, for violations at two facilities. The complaint alleges Rivero failed to submit
    compliance reports at its facility located at 1524 West 51st Street, Chicago, Cook County,
    Illinois. Additionally, the complaint alleges Rivero failed to submit compliance reports and
    violated construction permit laws and regulations at its facility located at 1717 East Sauk Trail,
    Sauk Village, Cook County, Illinois. These actions are in alleged violation of Sections 9(a),
    9(b), and 9.1(d)(1) and (d)(2), of the Environmental Protection Act (Act) (415 ILCS 5/9(a),
    9(b), 9.1(d)(1), (d)(2) (1998)), the Board’s air pollution regulations at 35 Ill. Adm. Code
    201.142, and 40 C.F.R. §§ 63.320(b) and (c), and 63.324(b).
    On November 28, 2000, the parties filed a joint stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)).
    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
    Sun-Times
    on December 4, 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. Rivero neither
    admits nor denies the violations alleged by the People, but agrees to pay a civil penalty of
    $800.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Rivero must continue to comply with any federal, State, or local regulations including,
    but not limited to, the Act and the Board’s regulations.
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    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 Rivero. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
    2. Rivero must pay a civil penalty of $800 in installments. The first installment of
    $500 must be made within 30 days of the date of this order, that is, on or before
    February 17, 2001. The second installment of $100 must be made within 60
    days of the date of this order, that is, on or before March 19, 2001. The third
    installment of $100 must be made within 90 of the date of this order, that is, on
    or before April 18, 2001. The fourth and final installment of $100 must be
    made within 120 days of the date of this order, that is, on or before May 18,
    2001. Such payment must be made by certified check or money order payable
    to the Illinois Environmental Protection Agency for deposit in the
    Environmental Protection Trust Fund. The case number, case name, and
    Rivero’s Federal Employer Identification number must also be included on the
    certified check or money order.
    3. The check or money order must 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
    Kelly A. O’Connor, Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
    4. Any such penalty not paid within the time prescribed incurs 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 does not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
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    5. Rivero must 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 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 18th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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