ILLINOIS POLLUTION CONTROL BOARD
    October 4, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    PRITZKER REALTY GROUP, L.P., and PDA
    CORP.,
    Respondents.
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    PCB 02-26
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On August 28, 2001, the Office of the Attorney General, on behalf of the People
    of the State of Illinois (People), filed a complaint against Pritzker Realty Group and PDA
    Corp.
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege
    that respondents violated Sections 12(a), (d), and (f) of the Environmental Protection Act
    (Act) (415 ILCS 5/12(a), (d), (f) (2000)) and 35 Ill. Adm. Code 302.203, 304.105,
    304.106, 304.141(b). The People further allege that respondents violated these
    provisions by pumping accumulated groundwater containing large amounts of sediment
    and other solid material offsite, which then covered wetlands. The complaint concerns
    respondents’ construction site in Round Lake, Lake County.
     
    On August 28, 2001, the People and respondents 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
    The News-Sun
    on August 30,
    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).
     
    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) (2000)). The
    People and respondents have satisfied Section 103.302. Respondents neither admit nor
    deny the alleged violations and agree 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.
     
      
     
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    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and
    proposed settlement.
     
    2.
    Pritzker Realty Group, L.P. and PDA Corp. must pay a civil penalty of
    $7,500 no later than November 4, 2001, which is the 30th day after the
    date of this order. Respondents must pay the civil penalty by certified
    check or money order, payable to the 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
     
    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.
    Respondents must cease and desist from the alleged violations.
     
    6.
    A copy of the certified check or money order, and all related
    correspondence must be mailed to:
     
    Christopher Grant
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph, 20th Floor
    Chicago, Illinois 60601
     
    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
    administrative orders. 172 Ill. 2d R. 335. The Board’s procedural rules provide that
     
      
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    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 4, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
      
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