ILLINOIS POLLUTION CONTROL BOARD
April 21, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CUNAT, INC., an Illinois corporation,
Respondent.
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PCB 05-123
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On January 12, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Cunat, Inc. (Cunat).
See
415 ILCS 5/31(c)(1)
(2002); 35 Ill. Adm. Code 103.204. The complaint concerns violation of a sewer construction
permit at Cunat’s residential condominium development at the west side of Route 12, in the
Village of Richmond, McHenry County. The parties now seek to settle. For the reasons below,
the Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2002)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2002); 35 Ill. Adm.
Code 103. In this case, the People allege that Cunat, Inc. (Cunat) violated Section 12(b) of the
Act (415 ILCS 5/12(a) (2002)); 35 Ill. Adm. Code 309.202(a); and Special Condition 4 of
construction permit no. 2002-HB-5194.
On March 15, 2005, the People and Cunat 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)), which requires that the public have an opportunity to request a hearing
whenever the State and a respondent propose settling an enforcement action without a public
hearing.
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
Northwest Herald
on March 22, 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
Cunat’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)), which bears on the reasonableness of the
circumstances surrounding the alleged violations.
2
Cunat neither admits nor denies the alleged violations. The stipulation also addresses the
factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2002),
as amended by
P.A. 93-575, (eff.
Jan. 1, 2004), which may mitigate or aggravate the civil penalty amount. Cunat agrees to pay a
civil penalty of $3,500. The People state that they are unaware of any economic benefit that may
have accrued to Cunat from delayed compliance.
The People and Cunat have satisfied Section 103.302. 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.
2. Cunat must pay a civil penalty of $3,500 no later than May 23, 2005, which is the
first business day after the 30th day after the date of this order. Cunat must pay
the civil penalty by certified check, money order, or electronic funds transfer,
payable to the Environmental Protection Trust Fund. The case number, case
name, and Cunat’s social security number or federal employer identification
number must be included on the certified check or money order.
3. Cunat must send the certified check, money order, or electronic funds transfer to
the following person at the indicated address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. Cunat must send a copy of the certified check, money order, or record of
electronic funds transfer and any transmittal letter to the following person at the
indicated address:
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 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
3
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5.
Cunat 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 April 21, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
