ILLINOIS POLLUTION CONTROL BOARD
    June 6, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    TUCKER PROPERTIES, INC. d/b/a
    ROLLINS CROSSINGS SHOPPING
    CENTER,
    Respondent.
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    PCB 96-223
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a two-count complaint filed April 29, 1996
    by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois, against Tucker Properties, Inc. d/b/a
    Rollins Crossing Shopping Center (Tucker), a Maryland corporation headquartered at 40
    Skokie Boulevard, Northbrook, Illinois, regarding its property located at Route 83 and Rollins
    Road in the Village of Round Lake Beach, Lake County, Illinois. The complaint alleges that
    Tucker has violated the water quality standards and general NPDES storm water permit
    requirements of Sections 12(a) and 12(b) of the Illinois Environmental Protection Act (Act),
    (415 ILCS 5/12(a)), 5/12(f) and 35 Ill. Adm. Code 302.203.
    Pursuant to 415 ILCS 5/31(a)(1), the parties filed a joint motion requesting relief from
    the Act’s hearing requirements on April 29, 1996. The Board published a notice of the waiver
    on May 1, 1996; no objection to the granting of the waiver was received. Waiver of hearing
    is hereby granted.
    The parties filed a stipulation and settlement agreement on April 29, 1996. The
    stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. Tucker denies the alleged violations and agrees to pay a civil penalty of
    $10,000.00.
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondent’s responsibility to comply with any
    federal, state or local regulations, including but not limited to the Act and the Board’s
    pollution control regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
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    ORDER
    1)
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Tucker, concerning its facility located at
    Route 83 and Rollins Road in the Village of Round Lake Beach, Lake County,
    Illinois. The stipulation and settlement agreement is incorporated by reference
    as though fully set forth herein.
    2)
    Tucker shall pay the sum of $10,000.00 within 30 days of the date of this order.
    Such payment shall be made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the Environmental Protection
    Trust Fund and shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    The certified check or money order shall clearly indicate on its face, Tucker’s
    federal employer identification number 36-3908544 and that payment is directed
    to the Environmental Protection Trust Fund.
    A copy of the check shall be sent to :
    Alyssa L. Fron
    Assistant Attorney General
    Environmental Bureau
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 60601
    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), 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.
    3)
    Tucker shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (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 order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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