ILLINOIS POLLUTION CONTROL BOARD
    August 7, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    HARTZ CONSTRUCTION CO., INC., an
    Illinois corporation,
     
    Respondent.
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    PCB 99-92
    (Enforcement - Land)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On December 29, 1998, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Hartz Construction Co., Inc. (Hartz).
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Hartz violated
    Section 21(a) of the Environmental Protection Act (Act) (415 ILCS 5/21(a) (2002)). The People
    further allege that Hartz violated these provisions by open dumping of waste. The complaint
    concerns Hartz’s 77-acre property referred to as Eagle Ridge subdivision located in Oak Lawn,
    Cook County.
     
    On June 6, 2003, the People and Hartz 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 published notice of the
    stipulation, proposed settlement, and request for relief in the
    Daily Southtown
    on June 25, 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
    Hartz’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 Hartz have satisfied Section
    103.302. Hartz denies the alleged violation(s) and agrees to pay a civil penalty of $31,500. 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. Hartz must pay a total civil penalty of $31,500. Hartz must pay $31,500 no later
    than September 8, 2003 (which is the 30th day after the date of this order). Hartz
    must pay the civil penalty by certified check or money order, payable to the
    Environmental Protection Trust Fund. The case number, case name, and Hartz’s
    social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3. Hartz 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. Hartz 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 August 7, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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