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

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