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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.

See

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 Hillman’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)), which bears on the

reasonableness of the circumstances surrounding the alleged violations. The People and Hillman

have satisfied Section 103.302. Hillman admits the alleged violations. The stipulation also

addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2004), which may mitigate

or aggravate the civil penalty amount. Hillman agrees to pay a civil penalty of $40,000, which

the parties stipulate “includes the economic benefit accrued as a result of Hillman’s non-

compliance.” Stipulation at 6. 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.

Hillman must pay a civil penalty of $40,000 no later than November 6, 2006,

which is the first business day following the 30th day after the date of this order.

Hillman must pay the civil penalty by certified check, money order, or electronic

funds transfer payable to the Illinois Environmental Protection Agency,

designated to the Illinois Environmental Protection Trust Fund. The case number

and case name must be included on any certified check or money order. Under

the settlement, Hillman has provided his social security number so as to allow

proper tracking of the payment.

3.

Hillman must send the certified check, money order, or record of electronic funds

transfer and any transmittal letter to:

Stephen J. Sylvester

Assistant Attorney General

Environmental Bureau

188 W, Randolph St., 20th Floor

Chicago, Illinois 60601

Chris Pressnall

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

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4.

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)).

5.

Hillman must cease and desist from future 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

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 October 5, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board