ILLINOIS POLLUTION CONTROL BOARD
    August 19, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    STANLEY LATEK,
    Respondent.
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    PCB 98-122
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On July 2, 1999, 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 complaint alleged that the
    respondent violated Section 12(b) of the Environmental Protection Act (Act) (415 ILCS 5/12(b) (1998)) and 35 Ill.
    Adm. Code 309.202(a) by failing to have a permit to construct a sanitary sewer system.
    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 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. The respondent does not admit to
      
    the alleged
    violations, but 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 Stanley
    Latek regarding a site located at 131st Street and 85th Avenue, Palos
    Park, Cook County, Illinois. The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2.
    The respondent shall pay the total sum of $4,000 pursuant to the following schedule:
    a.
    $1,000 shall be due within 30 days of the date of this order; and
    b.
    The remaining $3,000 shall be paid pursuant to the following schedule;
    payment shall be made in quarterly installments of $1,000, being due on or
    before December 31, 1999,
     
    April 30, 2000, and August 31, 2000.
     
    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 social security or federal employer identification number 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 checks (or money orders) shall be sent by first class mail to:
    2
    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:
    Maria M. Menotti
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11th 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), 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.
    For the purpose of collection, respondent may be reached at the following address:
    Stanley Latek
    10400 South Mansfield
    Oak Lawn, Illinois 60453
    5.
    Respondent shall cease and desist from the alleged violations.
    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 establish such filing requirements. See 172 Ill. 2d R. 335; see also 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 _____ day of ___________ 1999 by a vote of ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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