ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PATRICK M. SULLIVAN, an individual,
    and NICK SCARLATIS, an individual,
    Respondents.
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    PCB 99-45
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On September 17, 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 amended
    complaint alleged that 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 constructing a sanitary sewer system
    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
    Daily Southtown
    on October 10,
    1999. 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 the alleged
    violations and agrees to pay a civil penalty of $5,000. Respondents 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, Patrick M. Sullivan, and Nick Scarlatis concerning a
    facility located at 130th Street and 86th Avenue in Palos Township, Cook County,
    Illinois. The stipulation and settlement agreement is incorporated by reference as though
    fully set forth herein.
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    2.
    Respondents shall pay the sum of total $5,000 concluding no later than
    March 31, 2001. Payment shall be made pursuant to the following schedule:
    a.
    $1,000 within 30 days from the date of this final Board order approving
    the parties’ stipulation and proposal for settlement; and
    b.
    Four subsequent payments of $1,000 each shall be due by the end of
    the fourth, eighth, twelfth, and sixteenth month following the date of this
    final Board order approving the parties’ stipulation and proposal for
    settlement.
    Such payments 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 respondents’ social security numbers shall also be
    included on the checks (or money orders) 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:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    Copies of the payment transmittals and checks shall be simultaneously submitted to:
    RoseMarie Cazeau, Chief
    Assistant Attorney General
    Environmental Bureau
    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
    (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.
    Respondents shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
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    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 18th day of November 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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