ILLINOIS POLLUTION CONTROL BOARD
    October 18, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ROECKER CABINETS, INC. d/b/a
    ROECKER CABINET & MILLWORK,
     
    Respondent.
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    PCB 01-5
    (RCRA Enforcement)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On July 7, 2000, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Roecker Cabinets, Inc. (Roecker).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that
    Roecker violated Section 21(f)(1),(2), and (i) of the Environmental Protection Act (Act)
    (415 ILCS 5/21 (f)(1),(2), and (i) (2000)) and the Board’s waste disposal regulations at
    35 Ill. Adm. Code 703.121, 703.150(a), 724.113, 724.114, 725.115(a),(b),(c),(d),
    724.116, 724.131, 724.132, 724.133, 724.134, 724.137, 724.153(a), 724.155, 724.174,
    724.175, 724.212(a), 724.242, 724.273, 724.274, 724.151(a), 722.111, and 808.121(a).
    The People further allege that Roecker violated these provisions by operating without a
    site permit, failing to conduct and maintain waste analysis, inadequate security, failing to
    inspect, failing to train personnel, improper maintenance of the facility, improper alarm
    system, improper access to alarm, failing to make arrangements with local authorities,
    failing to maintain contingency plan, failing to appoint an emergency coordinator, failing
    to furnish required records, failing to submit an annual report, failing to submit a closure
    plan, failing to have a cost estimate for the closure, improper management of containers,
    failing to inspect container storage areas, improper storage of ignitable waste area, and
    failing to perform hazardous waste determination area. Roecker is located at 850 North
    Main Street, Morton, Tazewell County, and manufactures cabinets for kitchens and
    bathrooms.
     
    On September 6, 2001, the People and Roecker filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section
    31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)). This filing is authorized by Section
    31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)).
    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
    Morton Times-News
    on
    September 19, 2001. 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) (2000); 35 Ill. Adm. Code 103.300(b).
     
     
     
      
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    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 Roecker’s 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) (2000)). The
    People and Roecker have satisfied Section 103.302. Roecker admits the alleged
    violations and agrees to pay a civil penalty of $7,500. 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. Roecker Cabinets Inc. (Roecker) must pay a civil penalty of $7,500 no
    later than November 19, 2001, which is the 30th day after the date of this
    order. Roecker must pay the civil penalty by certified check or money
    order, payable to Environmental Protection Trust Fund. The case number,
    case name, and Roecker’s social security number or federal employer
    identification number must be included on the certified check or money
    order.
     
    3. Roecker 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
     
    4. Penalties unpaid within the time prescribed will accrue interest under
    Section 42(g) of the Environmental Protection Act (415 ILCS 5/42(g)
    (2000)) at the rate set forth in Section 1003(a) of the Illinois Income Tax
    Act (35 ILCS 5/1003(a) (2000)).
     
    5. Roecker must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    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) (2000);
    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
     
     
      
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    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 October 18, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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