ILLINOIS POLLUTION CONTROL BOARD
    December 4, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ENVIRONMENTAL MANAGEMENT AND
    ABATEMENT, INC., a California corporation,
    and DANNY G. KOHRDT, individually and as
    president of ENVIRONMENTAL
    MANAGEMENT AND ABATEMENT, INC.,
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    Respondents.
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    PCB 02-5
    (Enforcement – Land)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On July 19, 2001, the People of the State of Illinois (People) filed a two-count complaint
    against Environmental Management and Abatement, Inc., and Danny G. Kohrdt, individually
    and as president of Environmental Management and Abatement, Inc. (respondents).
    Complainant alleged that respondents violated Sections 12(f), 21(a), and 21(d)(2) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(f), 5/21(a) and 5/21(d)(2) (2002)) and
    Section 815.101(a) of the Board’s waste disposal regulations (35 Ill. Adm. Code 815.101(a)) by
    causing or allowing open dumping and failing to file required reports and information related to
    the on site disposal of waste at the Joliet Army Ammunition Plant located at 29401 South Route
    53, Wilmington, Will County.
     
    On October 8, 2003, the People and respondents filed a stipulation and proposed
    settlement. On October 15, 2003, the People and respondents filed a request for relief from the
    hearing requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2002)). These filings
    are authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm.
    Code 103.300(a). The Board provided notice of the stipulation, proposed settlement, and request
    for relief from hearing. The Board published newspaper notice in
    The
     
    Herald News
    on
    October 29, 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) (2002); 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) (2002)). The People and respondents have
    satisfied Section 103.302. Under the proposed stipulation, the respondents neither admit nor
     
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    deny the alleged violations and agree to pay a civil penalty of $50,000. 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. Environmental Management and Abatement, Inc., a California corporation, and
    Danny G. Kohrdt, individually and as president of Environmental Management
    and Abatement, Inc. (respondents), must pay a civil penalty of $50,000.
    Respondents must pay the first $25,000 no later than January 3, 2004, which is
    the 30th day after the date of this order. Respondents must pay the remaining
    $25,000 by February 2, 2004, which is the 60th day after the date of this order.
    Respondents must pay the civil penalty by certified check or money order,
    payable to 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. 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
     
    Respondents must send a copy of the checks or money orders and transmittal
    letter to:
     
    Mitchell L. Cohen
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street
    Chicago, Illinois 60601
     
    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.
     
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    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on December 4, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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