ILLINOIS POLLUTION CONTROL BOARD
    December 20, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    KUCERA DISPOSAL COMPANY,
     
    Respondent.
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    PCB 01-134
    (Enforcement - Land)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On March 30, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Kucera Disposal Company (Kucera).
    See
    415
    ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Kucera violated
    Section 21(d) of the Environmental Protection Act (Act) (415 ILCS 5/21(d) (2000)) and
    operating permit 1983-22-OP part IV, Section A 26 and special condition 15. The People further
    allege that Kucera violated these provisions by stockpiling construction and demolition debris,
    and chipping and storing wood wastes under a metal canopy. The complaint concerns Kucera’s
    site at 1800 South Laramie, Cicero, Cook County.
     
    On November 8, 2001, the People and Kucera 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, including published notice in the
    Chicago
    Sun-Times
    on November 12, 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
    Kucera’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 Kucera have satisfied
    Section 103.302. Kucera neither admits nor denies the alleged violations and agrees to pay a
    civil penalty of $12,000. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
    2
    ORDER
     
    1.
    settlement.
     
    2.
    Kucera Disposal Company (Kucera) must pay a civil penalty of $12,000 no later
    than January 20, 2002, which is the 30th day after the date of this order. Kucera
    must pay the civil penalty by certified check or money order, payable to the
    Environmental Protection Trust Fund. The case number, case name, and Kucera’s
    social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3.
    Kucera 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.
    Kucera 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 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.
    The Board accepts and incorporates by reference the stipulation and proposed
     
      
     
    3
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on December 20, 2001, by a vote of 7-0.
     
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
      

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