ILLINOIS POLLUTION CONTROL BOARD
    February 19, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CRAIG LINTON and RANDY ROWE,
     
    Respondents.
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    PCB 98-80
    (Enforcement – Land)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On December 9, 1997, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Craig Linton and Randy Rowe (respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that respondents
    violated Section 55.3(d) of the Environmental Protection Act (Act) (415 ILCS 5/55.3(d) (2002)).
    The People further allege that respondents violated these provisions by failing to remove used
    and waste tires. The complaint concerns respondents’ site in Ottawa, LaSalle County.
     
    On January 15, 2004, the People and respondents 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 Daily Times
    on January 19, 2004. 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
    respondents’ 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 respondents have
    satisfied Section 103.302. Respondents admit the alleged violation and agree to pay a civil
    penalty of $6,000 into the Used Tire Management Fund. The Board accepts the stipulation and
    proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
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    2.
    Craig Linton and Randy Rowe must pay a civil penalty of $6,000 no later than
    March 22, 2004, which is the 30th day after the date of this order. Craig Linton
    and Randy Rowe must pay the civil penalty by certified check or money order,
    payable to Used Tire Management Fund. The case number, case name, and Craig
    Linton and Randy Rowe’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3.
    Craig Linton and Randy Rowe 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.
    Craig Linton and Randy Rowe 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 February 19, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      
     
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