ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    THE ESTATE OF WALTER A. BRANDYS
    formerly d/b/a A & D AUTO SERVICE, BARBARA A.
    (BRANDYS) MANDAL, CHRISTINE M. (BRANDYS)
    DOUGLAS, ROBERT A. BRANDYS, and VINCENT W.
    BRANDYS, SR.,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-43
    (Enforcement - RCRA, Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On August 29, 1996, the People of the State of Illinois (People) filed a six-count complaint against the Estate
    of Walter A. Brandys formerly d/b/a A & D Auto Service, Barbara A. (Brandys) Mandal, Christine M. (Brandys)
    Douglas, Robert A. Brandys, and Vincent W. Brandys, Sr. The complaint alleges that respondents caused water
    pollution, failed to take immediate action to prevent further release of water pollution, failed to timely submit
    required reports, and failed to remove free product at the facility located at 12958 South Carondolet Avenue,
    Chicago, Cook County, Illinois, in violation of Sections 12(a) of the Environmental Protection Act (Act) (415 ILCS
    5/12(b) (1998)), and 35 Ill. Adm. Code 731.160, 731.161(b), 731.162(b), 731.163(b), 731.164, 731.165, and 731.166(a).
    On August 17, 2000, the parties filed a joint stipulation and proposal for settlement,
    accompanied by a
    motion requesting relief from the hearing requirement of Section 31(c)(1) of the Act (415 ILCS
    5/31(c)(1) (1998)).
    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 Chicago Sun-Times
    on August 21, 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. Respondents admit to the violations alleged by the
    Complainant and agree to pay a civil penalty of $10,000.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this matter. 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 and order 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 the Estate of Walter A. Brandys
    formerly d/b/a A & D Auto Service, Barbara A. (Brandys) Mandal, Christine M. (Brandys)
    Douglas, Robert A. Brandys, and Vincent W. Brandys, Sr. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
    2
    2.
    Respondent shall pay the sum of $10,000. The penalty shall be paid in 15 installments. The first
    ten payments shall be in the amount of $667 and the remaining five payments shall be in the
    amount of $666. Payments shall begin within 30 days of the date of this order, that is, on or before
    October 21, 2000. Such payment shall be made by certified check or money order payable to the
    Illinois Environmental Protection Agency, designated to the Environmental Protection Trust Fund.
    The case number, case name, and the respondent Vincent W. Brandy’s social security number 350-
    30-3386 shall also be included on the certified 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:
    Zemeheret Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    Illinois Attorney General’s Office
    188 W. Randolph St., 20th Floor
    Chicago, Illinois 60601
    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion and
    order was adopted on the 21st day of September 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top