ILLINOIS POLLUTION CONTROL BOARD
    April 20, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SULLIVAN MARINA AND
    CAMPGROUND, L.L.C.,
    Respondent.
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    PCB 00-136
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On March 20, 2000, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter. The
    amended complaint alleged that respondent violated Section 12(a)
     
    of the Environmental
    Protection Act (Act) (415 ILCS 5/12(a)
     
    (1998)) and the Board’s water pollution regulations at
    35 Ill. Adm. Code 309.202(a) and 309.204(a) by constructing and operating a sewage treatment
    works without a permit.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The notice appeared in the
    News-Progress
    on
    March 22, 2000. The Board did not receive any requests for hearing. Accordingly, the Board
    grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent admits
    the alleged violations and agrees to pay a civil penalty of $4,000. Respondent must continue to
    comply with any federal, State, or local regulations including, but not limited to, the Act and
    the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Sullivan Marina and Campground, L.L.C.,
    regarding its facility located in Moultrie County, Illinois. The stipulation and
    settlement agreement is incorporated by reference as though fully set forth
    herein.
    2
    2.
    The respondent shall pay the sum of $4,000 in four quarterly payments of
    $1,000 over the next year. The first payment is due within 90 days of the date
    of this order and subsequent payments shall be due every 3 months thereafter.
    Such payment shall be made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the Environmental Protection
    Trust Fund. The case number, case name, and the respondent’s federal
    employer identification number 37-1336135 shall also be included on the check
    (or money order) and should clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    4.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003
    (1998)
    ), as now or hereafter amended, from the date payment
    is due until the date payment is received. Interest shall not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    5.
    Respondent shall cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 20th day of April 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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