ILLINOIS POLLUTION CONTROL BOARD
January 24, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CAMELOT ENTERPRISES, INC., an Illinois
corporation, STEPHEN EINFELDT
individually and as president of CAMELOT
ENTERPRISES, INC., and IVAN JOHNSON,
individually and as co-owner of CAMELOT
ENTERPRISES, INC.
Respondents.
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PCB 01-66
(Enforcement – Water)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On October 16, 2000, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Camelot Enterprises, Inc., Stephen Einfeldt,
and Ivan Johnson (respondents).
See
415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204.
The People allege that respondents violated Section 12(f) of the Environmental Protection Act
(Act) (415 ILCS 5/12(f) (2000)) and 35 Ill. Adm. Code 309.102(a). The People further allege
that respondents violated these provisions by threatening or allowing the discharge of
contaminants into waters of the State without a permit. The complaint concerns a construction
site designated Northern Lights, located in the Village of Bradley, Kankakee County.
On December 17, 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 newspaper notice
was published in the
Daily Journal
on December 21, 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 admit the alleged violations and agree to pay a civil
penalty of $10,000. The Board accepts the stipulation and proposed settlement.
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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. Camelot Enterprises, Inc., Stephen Einfeldt, and Ivan Johnson (respondents) must
pay a civil penalty of $10,000 no later than February 24, 2002, 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 Illinois 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.
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on January 24, 2002, by a vote of 7-0.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board