ILLINOIS POLLUTION CONTROL BOARD
    May 4,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    v.
    )
    PCB
    95—114
    (Enforcement—Air)
    C.
    P. INORGANICS,
    INC.,
    n/k/a PHIBRO-TECH,
    INC.,
    )
    a Delaware corporation,
    )
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed March 29,
    1995,
    by the Attorney General of the
    State of Illinois,
    on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois,
    against
    C.
    P.
    Inorganics,
    Inc., n/k/a Phibro-Tech,
    Inc.
    (Phibro—
    Tech),
    a Delaware corporation located at Joliet Industrial Park,
    Building 15,
    10 Industry Avenue,
    Joliet, Will County,
    Illinois.
    The complaint alleges that Phibro-Tech has violated Section 9(a)
    of the Illinois Environmental Protection Act (Act),
    415 ILCS
    5/9(a)
    and 35 Ill. Adm. Code 201.141 by causing or allowing the
    discharge or emission of fugitive ammonia vapors and odors into
    the environment.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    March 24,
    1995.
    The Board published a notice of the waiver on
    April
    1,
    1995; no objection to the granting of the waiver was
    received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    March 24,
    1995.
    The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations.
    Phibro—Tech denies the alleged violations and agrees
    to pay a civil penalty of two thousand five hundred dollars
    ($2,500.00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Adm. Code 103
    •
    180.
    This settlement agreement in no way
    affects respondent’s responsibility to comply with any federal,
    state or local regulations, including but not limited to the Act
    and the Board’s pollution control regulations.
    This opinion constitutes the Board’s findings of fact and
    2
    conclusions of law in this matter.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and C.
    P. Inorganics,
    Inc.,
    n/k/a Phibro-Tech,
    Inc.,
    a Delaware corporation located at Joliet
    Industrial Park, Building 15,
    10 Industry Avenue,
    Joliet, Will County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    Phibro-Tech shall pay a civil penalty of two thousand
    five hundred dollars
    ($2,500.00) within 30 days of the
    date of this Order.
    Such payment shall be made by
    certified check or money order payable to the Treasurer
    of the State of Illinois, designated to the
    Environmental Protection Trust Fund,
    and shall be sent
    by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    The certified check or money order shall clearly
    indicate on its face, Phibro-Tech’s Federal Employer
    Identification Number 223060339 and that payment is
    directed to the Environmental Protection Trust Fund.
    A copy of the check shall be sent to:
    Zemehert Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    100 W. Randolph St., 12th Floor
    Chicago, Illinois 60601
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection
    (a)
    of Section 1003 of the Illinois Income
    Tax Act,
    (35 ILCS 5/1003), as now or hereafter amended,
    from the date payment is due until the date payment is
    received.
    Interest shall not accrue during the
    pendency of an appeal during which payment of the
    penalty has been stayed.
    3)
    Phibro-Tech shall cease and desist from the alleged
    violations.
    3
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert4fy that the above opinion and order was
    adopted on the
    4~-~7~
    day of
    ,~7)-)
    ~
    ,
    1995,
    by a
    vote of
    70
    ‘.
    7/
    LY
    4
    Dorothy N. G~n, Clerk
    Illinois Po2lXution Control Board

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