ILLINOIS POLLUTION CONTROL BOARD
August 22, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CRIER DEVELOPMENT COMPANY
and BRADLEY S. COWELL,
Respondents.
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PCB 96-256
(Enforcement – Water)
ZEHEMHERET BEREKET-AB, ASSISTANT ATTORNEY GENERAL, OFFICE OF THE
ATTORNEY GENERAL, APPEARED ON BEHALF OF COMPLAINANT.
OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
On August 15, 2002, complainant filed a motion to withdraw a request for attorney fees
and costs (motion). Complainant’s motion was filed in response to the Board’s August 8, 2002
interim opinion and order that imposed a penalty of $25,000 and ordered complainant to file an
affidavit in support of complainant’s request for attorney fees and costs. People of the State of
Illinois v. Crier Development Company and Bradley S. Cowell, PCB 96-256 (Aug. 8, 2002).
The Board grants the motion.
By today’s order the Board provides that respondent must pay the $25,000 penalty
within 30 days of this final order. As this order concludes all pending matters in this case, this
docket is closed.
ORDER
1)
2)
The Board previously found that Crier and Cowell have violated Section 12(b)
of the Act and 35 Ill. Adm. Code 309.202(a) of the Board’s water pollution
regulations by installing a sewer without a construction permit. The Board
imposes a civil penalty of $25,000 on respondents.
Respondents
must pay this penalty within 30 days of the date of this order, on or
before September 23, 2002. Such payment must be made by certified check or
money order payable to the Treasurer of the State of Illinois, designated to the
Illinois Environmental Protection Trust Fund, and must be sent by first class mail
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2
1021 North Grand Avenue East
P.O. Box 19276
Springfield Illinois 62794-9276
The certified check or money order must clearly indicate on its face this case name and
docket number.
Penalties unpaid within the time prescribed will accrue interest under
Section 42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)
amended
by
P.A. 92-0574, eff. June 26, 2002) at the rate set forth in Section 1003(a) of the
Illinois Income Tax Act (35 ILCS 5/1003(a) (2000)).
IT IS SO ORDERED.
Board Member W.A. Marovitz dissented.
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)
amended by
P.A. 92-0574, eff. June 26, 2002;
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, hereby certify that
the Board adopted the above order on August 22, 2002, by a vote of 6-1.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
