ILLINOIS POLLUTION CONTROL BOARD
    January 21,
    1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 92—188
    )
    (Enforcement)
    EKCO GLACO CORPORATION,
    )
    a Delaware corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER
    OF THE BOARD (by J.
    C. Marlin):
    This matter comes before the Board upon a complaint filed
    December 1, 1992 on behalf of the People of the State of
    Illinois, by and through its attorney, Roland W. Burns, Attorney
    General of the State of Illinois, against Ekco Glaco Corporation
    located in Chicago,Cook County,
    Illinois.
    The complaint alleges
    that Ekco Glaco Corporation has violated Sections 9(a) and 9(b)
    of the Illinois Environmental Protection Act (“Act”), Ill. Rev.
    Stat.
    1991,
    ch.
    111½, pars.
    1009(a) and (b), and 35 Ill. Adm.
    Code 201.144 of the Board’s rules and regulations.
    Pursuant to Section 31(a) (1) of the Act, a joint Motion
    requesting relief from the Act’s hearing requirement was filed by
    the parties on December 1,
    1992.
    Notice of the waiver was
    published by the Board on December 17~1992; no objection to
    grant of the waiver was received.
    Waiver of heaning.is.granted
    by the Board via today’s opinion and order.
    A Stipulation and Settlement Agreement was filed by the
    parties on December
    1,
    1992.
    The Stipulation sets.forth facts
    pertaining to the nature, operations,
    and circumstances
    surrounding the claimed violations.
    Ekco Glaco Corporation,
    admits to past violations of Sections 9(a) and 9(b) of the Act
    and 35 Iii. Mm.
    Code 201.144 and agrees to pay a civil penalty
    of Two Thousand Five Hundred Dollars ($2,500.00).
    Ekco Glaco
    Corporation further agrees to cease and desist from the alleged
    violations.
    The Board finds the Settlement Agreement acceptable under 35
    Ill.
    Adin. 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
    conclusions of law in this matter.
    OI38-O~63
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Ekco Glaco Corporation, concerning
    violations of Sections 9(a) and 9(b)
    of the Illinois
    Environmental Protection Act
    (“Act”), Ill. Rev.
    Stat.
    1991,
    ch.
    111½, pars.
    1009(a) and 1009(b), and 35 Ill.
    Adm. Code 201.144 by Ekco Glaco Corporation’s
    operations located in Chicago, Cook County, Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    Ekco Glaco Corporation, shall pay the sum of Two
    Thousand Five Hundred Dollars
    ($2,500.00) within 30
    days of the date of this Order.
    Such payment must be
    made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the
    Environmental Protection Trust Fund, and must be sent
    by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    Ekco Glaco Corporation, shall also write its Federal
    Employer Identification Number or Social Security
    Number on the certified check or money order.
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection
    (a) of Section 1003 of the. Illinois Income
    Tax Act,
    (Iii. Rev.
    Stat.
    1991,
    ch.
    120, par. 10—1003),
    as now or hereafter amended, from the date payment is
    due until the date payment is received.
    Interest shall
    not accrue during the pendency of an appeal during
    which payment of the penalty has been stayed.
    3)
    Ekco Glaco Corporation shall cease and desist from the
    alleged violations.
    Sec~ion41
    Di.
    the Environmental Protection Act
    (Ill.Rev.Stat.
    1991, Ch
    111. 1/2, par. 1041) provides for appeal
    of final orders of the Board within 35 days.
    The rules of the
    Supreme Court of Illinois establish filing requirements.
    (But
    see also 35 111. Adm. Code 101.246, Motions for Reconsideration,
    and Castenada v. Illinois Human Rights Commission
    (1989),
    132
    Ill.
    2d 304,
    547 N.E.2d 437.)
    01 38-.O~8~
    3
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the ab
    opinion and order was
    adopted on the
    ~/-~-~day
    of
    _________________,
    1993, by a
    vote of
    _________.
    :2’
    J~J
    Dorothy N.
    G)z$n,
    Clerk’
    Illinois P0X)’ution Control Board
    OI38-O~B5

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