ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DAVID COHEN d/b/a DAVE’S AUTO
    REPAIR AND SERVICE,
     
    Respondent.
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    PCB 00-165
    (Enforcement - Land)
     
    OPINION AND ORDER OF THE BOARD (by W.A. Marovitz):
     
    On March 27, 2000, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against David Cohen d/b/a Dave’s Auto Repair and
    Service (Cohen).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People
    allege that Cohen violated Section 57.6(a) of the Environmental Protection Act (Act) (415 ILCS
    5/57.6(a) (2002)), and 35 Ill. Adm. Code 732.100(c), 732.200, 732.202(c), and 732.202(e) of the
    Board’s regulations. The People further allege that Cohen failed to submit the proper reports
    following a release of petroleum from an underground storage tank. The complaint concerns
    Cohen’s auto repair facility at 7 East Main Street, Lake Zurich, Lake County.
     
    On March 10, 2003, the People and Cohen filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the Act
    (415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of the
    stipulation, proposed settlement, and request for relief. The newspaper notice was published in
    the
    Pioneer Press
    on April 3, 2003. The Board did not receive any requests for hearing. The
    Board grants the parties’ request for relief from the hearing requirement.
    See
    415 ILCS
    5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
    stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
    respondent’s operations. Section 103.302 also requires that the parties stipulate to facts called
    for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002)). The People and Cohen have satisfied
    Section 103.302. Cohen neither admits nor denies the alleged violations and agrees to pay a civil
    penalty of $5,000. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
    2
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. David Cohen d/b/a Dave’s Auto Repair and Service must pay a civil penalty of
    $5,000. David Cohen must pay $1,000 no later than May 31, 2003, which is the
    30th day after the date of this order. David Cohen must make two additional
    payments of $2,000 each. The first additional payment is due by August 29,
    2003, which is the 120th day after the date of the order. The second payment is
    due by October 28, 2003, which is the 180th day after the date of this order.
    Cohen must pay the civil penalty by certified check or money order, payable to
    the Environmental Protection Trust Fund. The case number, case name, and
    Cohen’s social security number or federal employer identification number must
    be included on the certified check or money order.
     
    3. David Cohen 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. David Cohen must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    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) (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.
     
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on May 1, 2003, by a vote of 7-0.
     
     
      
      
      
      
      
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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