ILLINOIS POLLUTION CONTROL BOARD
    July 26, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
     
    Complainant,
     
     
    v.
     
    BRZUSZKEIWICZ AUTO REBUILDERS,
    INC.,
     
     
    Respondent.
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    PCB 98-166
    (Enforcement – Land)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On June 19, 2001, the parties filed a stipulation and proposal for settlement, accompanied by a
    motion requesting relief from the hearing requirement pursuant to Section 31(c)(2) of the Environmental
    Protection Act (Act) (415 ILCS 5/31(c)(2) (2000)). The Board accepts the stipulation and proposal
    for settlement filed in this matter. The two-count complaint alleged that the respondent violated Sections
    21(a) and 21(p)(1) of the Act (415 ILCS 5/21(a), 21(p)(1) (2000) by causing or allowing open
    dumping and littering.
     
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)), 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
    Chicago Sun
     
    Times
    on June 22,
    2001. 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. Respondent does not admit to the
    violations alleged by the People, but agrees to pay a civil penalty of $20,000. Respondent 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 Brzuszkeiwicz Auto Rebuilders, Inc., an automobile
    body repair service located at 10933 South Central Avenue, Oak Lawn, Cook County,
    Illinois. The stipulation and settlement agreement is incorporated by reference as though
     
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    fully set forth herein.
     
    2.
    Respondent shall pay the sum of $20,000 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, for deposit in the Environmental Protection Trust
    Fund. The case number, case name, and the respondent’s Federal Employer
    Identification Number 36-3742635 must also be included on the certified check or
    money order and clearly indicate that payment is directed to the Environmental
    Protection Trust Fund.
     
    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
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
     
    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
    (2000)), 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.
     
    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 (2000)) 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.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the 26th day of July 2001 by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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