ILLINOIS POLLUTION CONTROL BOARD
    July 7, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DUR-O-WAL, INC.,
     
    Respondent.
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    PCB 04-194
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On May 6, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a three-count complaint against Dur-O-Wal, Inc. (Dur-O-Wal)
    See
    415
    ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that Dur-O-Wal violated
    Sections 12(a), (b), and (f) of the Environmental Protection Act (Act) and Sections 304.105,
    304.141(b), and 309.102(a) of the Board’s water quality regulations. The People further allege
    that Dur-O-Wal violated these provisions by discharging contaminants into a storm sewer
    without a National Pollutant Discharge Elimination System (NPDES) permit and for discharging
    contaminants in violation of its existing NPDES permit. The complaint concerns Dur-O-Wal’s
    wire drawing, fabrication, and zinc galvanizing facility located at 625 Crain Street, Aurora, Kane
    County.
     
    On May 31, 2005, the People and Dur-O-Wal filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hear
    ing requirement of Section 31(c)(1) of the Act
    (415 ILCS 5/31(c)(1) (2004)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2004)).
    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
    The Beacon News
    on June 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) (2004); 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
    Dur-O-Wal’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) (2004)). The People and Dur-O-Wal have
    satisfied Section 103.302. Dur-O-Wal neither admits nor denies the alleged violations and
    agrees to pay a civil penalty of $30,000. 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. Dur-O-Wal must pay a civil penalty of $30,000 no later than August 6, 2005,
    which is the 30th day after the date of this order. Dur-O-Wal must pay the civil
    penalty by certified check, money order, or electronic funds transfer payable to
    the Illinois Attorney General’s Office, designated to the Illinois Attorney
    General’s State Projects and Court Ordered Distribution Fund. The case number,
    case name, and Dur-O-Wal’s social security number or federal employer
    identification number must be included on the certified check, money order, or
    electronic funds transfer.
     
    3. Dur-O-Wal must send the certified check, money order, or record of electronic
    funds transfer by overnight mail to:
     
    RoseMarie Cazeau
    Chief, Environmental Bureau
    Illinois Attorney General’s Office
    188 West Randolph Street
    20th Floor
    Chicago, Illinois 60601
     
    4. A copy of the certified check, money order, or record of electronic funds transfer
    shall be sent to:
     
    Ms. Bridget Carlson
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    5. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    6. Dur-O-Wal 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) (2004);
    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
     
    3
    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 July 7, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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