ILLINOIS POLLUTION CONTROL BOARD
February 17,
1994
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 94—20
)
(Enforcement)
GERALD V. JOHNSON d/b/a
JERRY’S,
Respondent.
OPINION
AND
ORDER OF
THE
BOARD
(by C.A. Manning):
This matter comes before the Board upon a two—count complaint
filed January 7, 1994, by Roland W. Burns, Attorney General of the
State
of
Illinois,
on
behalf
of
the
Illinois
Environmental
Protection Agency and the People of the State of Illinois, against
Gerald
V.
Johnson,
d/b/a
Jerry’s
(Jerry’s)
which
is
not
a
registered corporation
located at 6006 South Ridge Road,
in the
City of Oregon, Ogle County, Illinois.
The complaint alleges that
Jerry’s has violated Section 9(b) of the Environmental Protection
Act
(Act),
415 ILCS 5/9(b)
and 35 Ill.
Adm. Code §5 201.142, and
201.143, by operating and constructing emission sources without the
required
permits.
Pursuant
to 415 ILCS 5/31(a) (1),
the parties
filed
a
joint
motion
requesting
relief from the Act’s hearing requirement on
January
7,
1994.
The Board published a Notice of the waiver on
January 17, 1994; no objection to grant of the waiver was received.
Waiver of hearing is hereby granted.
The parties filed a stipulation and settlement agreement on
January 7,
1994.
The stipulation sets forth facts relating to the
nature,
operations
and
circumstances
surrounding
the
claimed
violations.
Jerry’s admits the alleged violations and agrees to
pay
a
civil
penalty
of
one
thousand
five
hundred
dollars
($1,500.00).
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
conclusions of law in this matter.
2
ORDER
1)
The Board hereby accepts the stipulation and settlement
agreement executed by the People of the State of Illinois
and Gerald
V.
Johnson,
d/b/a
Jerry’s,
concerning
its
facility located at 6006 South Ridge Road, in the City of
Oregon,
Ogle
County,
Illinois.
The
Stipulation
and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2)
Gerald V. Johnson, shall pay the
sum
of one thousand five
hundred dollars ($1,500.00) 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,
Gerald V. Johnson’s Social Security Number
and
that
payment
is
directed
to
the
Environmental
Protection Trust Fund.
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)
Gerald V. Johnson
(cl/b/a Jerry’s) shall cease and desist
from
the
alleged
violations.
IT IS SO ORDERED.
J. Theodore Meyer Concurred.
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.)
3
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois Pollution Control
Board, hereby certify that
e above opinion and order was adopted
on the
/7~—
day of
_________________,
1994,
by a vote
of
_______
Control Board