ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    C & F PACKING CO., INC.,
     
    Respondent.
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    PCB 03-153
    (Enforcement - Water)
     
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On March 18, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against C & F Packing Co., Inc. (C & F Packing).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that C & F
    Packing violated Section 12(a), (b), (d), (f) of the Environmental Protection Act (Act) (415 ILCS
    5/12(a) (2002)) and 35 Ill. Adm. Code 302.203, 309.102(a), 309,202(a). The People further
    allege that C & F Packing violated these provisions by failing to maintain a construction site in a
    way that prevented stormwater runoff from entering a wetland, located in the Squaw Creek sub-
    basin in the Fox River watershed. The complaint concerns the construction site of a C & F
    Packing production facility located at Park Place Business Center along Illinois Route 83, in
    Lake Villa, Lake County.
     
    On May 13, 2003, the People and C & F Packing 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 the
    Lake Villa Record
    on June 6, 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 C
    & F Packing’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 C & F Packing have
    satisfied Section 103.302. C & F Packing neither admits nor denies the alleged violations and
    agrees to pay a civil penalty of $11,000. 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. C & F Packing Co., Inc. must pay a civil penalty of $11,000 no later than August
    9, 2003, which is the 30th day after the date of this order. C & F Packing must
    pay the civil penalty by certified check or money order, payable to the Illinois
    EPA, designated for deposit into the Environmental Protection Trust Fund. The
    case number, case name, and C & F Packing’s social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3. C & F Packing 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
     
    Copies of the certified checks or money orders, and all related correspondence,
    shall be send by first class mail to:
     
      
    Paula Becker Wheeler
    Assistant Attorney General
    Environmental Bureau
    188 W. Randolph, 20th Floor
    Chicago, Illinois 60601
     
    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. C & F Packing 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
     
     
    3
    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 July 10, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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