ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    HAUCK HOMES, an Illinois corporation d/b/a
    ROCK RIVER ESTATES MOBILE HOME
    PARK,
     
    Respondent.
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    PCB 04-94
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On December 12, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Hauck Homes, Inc. d/b/a Rock River Estates
    Mobil Home Park (Hauck Homes).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204.
    The People allege that Hauck Homes violated Sections 12(a) and (f) of the Environmental
    Protection Act (Act) and Sections 304.121(a), 304.141(a), 305.102(a), and 306.102(a) of the
    Board’s water pollution regulations. 415 ILCS 5/12(a), (f) (2002); 35 Ill. Adm. Code
    304.121(a), 304.141(a), 305.102(a), and 306.102(a). The People further allege that Hauck
    Homes violated these provisions by allowing fecal coliform concentrations at its wastewater
    treatment plant to exceed Board regulations. The complaint concerns Hauck Homes’ mobile
    home park located at Dixon, Lee County.
     
    On January 18, 2005, the People and Hauck Homes 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
    Dixon Telegraph
    on February 3, 2005. 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
    Hauck Homes’ 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 Hauck Homes have
    satisfied Section 103.302. Under the proposed stipulation, Hauck Homes denies the alleged
    violations and agrees to pay a civil penalty of $12,000. The Board accepts the stipulation and
    proposed settlement.
     
     
    2
    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.
     
    2.
    Hauck Homes must pay a civil penalty of $12,000 no later than April 4, 2005,
    which is the 30th day after the date of this order. Hauck Homes must pay the civil
    penalty by certified check or money order, payable to the Environmental
    Protection Trust Fund. The case number, case name, and Hauck Homes’ social
    security number or federal employer identification number must be included on
    the certified check or money order.
     
    3.
    Hauck Homes must send the certified check or money order by first class mail 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.
    Hauck Homes 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 March 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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