ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    RODERICK ENTERPRISES Inc., an Illinois
    corporation,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 00-184
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by M.E. Tristano):
     
    On February 5, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Roderick Enterprises Inc. (respondent).
    See
     
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that respondent
    violated various provisions of the Environmental Protection Act (Act), the Board’s Air Pollution
    Regulations, and Federal National Standards of Performance. The People further allege that
    respondent violated these provisions by operating new emission sources and new air pollution
    control equipment without obtaining the requisite state construction and operating permits,
    failing to pay annual site fees, and not complying with performance testing requirements. The
    complaint concerns respondent’s crushed concrete facility at 5300 South Lawndale, McCook,
    Cook County.
     
    On March 24, 2003, the People and respondent 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 from hearing. The Board published
    newspaper notice in
    Liberty Suburban Newspapers
    on April 2, 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 respondent have
    satisfied Section 103.302. Respondent denies the alleged violations and agrees to pay a civil
    penalty of $10,600. 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. Roderick Enterprises Inc. must pay a civil penalty of $10,600 no later than June 1,
    2003, which is the 30th day after the date of this order. Respondent must pay the
    civil penalty by certified check or money order, payable to the Environmental
    Protection Trust 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.
     
    3. Respondent 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. Respondent 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.
     
    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

    Back to top