ILLINOIS POLLUTION CONTROL BOARD
September 4, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
DI MUCCI DEVELPOMENT
CORPORATION OF ROUND LAKE, INC.,
an Illinois corporation,
Respondent.
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PCB 97-196
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
This matter comes before the Board upon a one-count complaint filed May 5, 1997, by
the Attorney General of the State of Illinois, on behalf of the Illinois Environmental Protection
Agency and the People of the State of Illinois, against Di Mucci Development Corporation of
Round Lake, Inc. (Di Mucci), an Illinois corporation located at 100 West Dundee Road,
Palatine, Lake County, Illinois. The complaint alleges that Di Mucci violated Section 12(b) of
the Environmental Protection Act (Act) (415 ILCS 5/12(b) (1996)) and 35 Ill. Adm. Code
309.202(a) by constructing a sanitary sewer system without a construction permit.
On July 29, 1997, the parties filed a stipulation and settlement agreement, and a joint
motion requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
settlement agreements be presented at hearing. 415 ILCS 5/31(c)(2) (1996). The Board
published a notice of the waiver of hearing on July 31, 1997. No objection to the granting of
the waiver was received. Accordingly, the Board grants a waiver from the hearing
requirement.
The stipulation and settlement agreement sets forth facts relating to the nature,
operations and circumstances surrounding the claimed violations. Di Mucci denies the alleged
violations but agrees to pay a civil penalty of $10,000.
The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
Code 103.180. This settlement agreement in no way affects Di Mucci’s responsibility 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.
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ORDER
1.
The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and Di Mucci Development Corporation of
Round Lake, Inc. (Di Mucci), an Illinois corporation located at 100 West
Dundee Road, Palatine, Lake County, Illinois. The stipulation and settlement
agreement is incorporated by reference as though fully set forth herein.
2.
Di Mucci shall pay the sum of $10,000 within 30 days of the date of this order.
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 and shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 N. Grand Avenue East
Springfield, IL 62702
The certified check or money order shall clearly indicate on it Di Mucci’s
federal employer identification number 36-3850189 and that payment is directed
to the Environmental Protection Trust Fund.
Any such penalty not paid within the time prescribed shall incur interest at the
rate set forth in Section 1003(a) of the Illinois Income Tax Act, (35 ILCS
5/1003 (1996)), 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.
3.
Di Mucci shall cease and desist from the alleged violations.
IT IS SO ORDERED.
Board Member K.M. Hennessey abtained
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 4
th
day of September 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
