ILLINOIS POLLUTION CONTROL BOARD
    February 7, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DI PAOLO COMPANY, an Illinois
    corporation,
     
    Respondent.
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    PCB 02-82
    (Enforcement – Water)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On December 19, 2001, the Office of the Attorney General, on behalf of the
    People of the State of Illinois (People), filed a complaint against Di Paolo Company (Di
    Paolo).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege
    that Di Paolo violated Sections 12(a), 12(d), and 12(f) of the Environmental Protection
    Act (Act) (415 ILCS 5/12(a), 12(d), 12(f) (2000)), and various provisions of the Board’s
    water pollution regulations. The People further allege that Di Paolo violated these
    provisions by pumping groundwater with sediment into a designated wetland area. Di
    Paolo is a construction and excavation contractor. The complaint concerns a water main
    extension in Valley Lakes Subdivision, Round Lake, Lake County.
     
    On December 26, 2001, the People and Di Paolo 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
    News Sun
    on December 31,
    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 Di Paolo’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 Di Paolo have satisfied Section 103.302. Di Paolo neither admits nor denies
    the alleged violations, but agrees to pay a $9,000 penalty.
     
    The Board accepts the stipulation and proposed settlement. This opinion
    constitutes the Board’s findings of fact and conclusions of law.
     
    2
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and
    proposed settlement.
     
    2. Di Paolo Company (Di Paolo) must pay a civil penalty of $9,000 no later
    than March 11, 2002, which is the 30th business day after the date of this
    order. Di Paolo 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 Di Paolo’s social security number or federal
    employer identification number must be included on the certified check or
    money order.
     
    3. Di Paolo 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. Di Paolo 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.
     
    3
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on February 7, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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