ILLINOIS POLLUTION CONTROL BOARD

April 3, 2003

 

PEOPLE OF THE STATE OF ILLINOIS, )

 

  

  

  

  

  

  

)

Complainant, )

 

  

  

  

  

  

  

)

v. ) PCB 00-103

 

  

  

  

  

  

  

) (Enforcement - Air)

MANO NEGRA WRECKING CORP., an )

Illinois corporation f/n/a MANO NEGRA CORP., )

and FERNANDO O. ZAMORA, individually and )

as president of MANO NEGRA WRECKING )

CORP.,

  

  

  

  

)

 

  

  

  

  

  

  

)

Respondent. )

 

ORDER OF THE BOARD (by M.E. Tristano):

 

On March 18, 2003, respondent filed a motion to modify the Board’s order of March 6,

2003. The March 6th order accepted a stipulation and settlement agreement filed by the parties

in this enforcement action. The respondent requests that the Board modify the order by allowing

Fernando O. Zamora to make payments according to the schedule originally agreed to by the

parties. The March 6th, 2003 order stated that Fernando O. Zamora must pay a civil penalty of

$5,000 no later than April 7, 2003. The parties agreed proposed stipulation and settlement

agreement stated that Fernando O. Zamora shall pay a civil penalty of $5,000 and shall pay the

penalty at the rate of $250 per month. The People do not object to the Board entering an order

modifying the opinion and order of March 6, 2003, to conform to the terms of the stipulation.

 

The motion to modify is granted. For the convenience of the parties, the modified order

is set out in its entirety below.

 

ORDER

 

1. The Board accepts and incorporates by reference the stipulation and proposed

settlement.

 

2. Mano Negra Corp. must pay a civil penalty of $20,000 no later than April 7,

2003, which is the 30th day after the date of this order. Fernando O. Zamora must

pay a civil penalty of $5,000. Zamora must pay the penalty at the rate of $250 per

month. Payment shall be due on the first day of each month until the full amount

of the penalty is paid. Respondents must pay the civil penalty by certified check

or money order, payable to Environmental Protection Fund. The case number,

case name, and respondent’s social security number or federal employer

identification number must be included on the certified check or money order.

 

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2

3. Respondents must send the certified check or money order to:

 

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

4. Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2002)).

 

5. Respondents must cease and desist from the alleged violations.

 

IT IS SO ORDERED.

 

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above order on April 3, 2003, by a vote of 7-0.

 

 

  

  

  

  

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board