ILLINOIS POLLUTION CONTROL
 BOARD
June
20, 1991
PEOPLE
 OF THE STATE
 )
OF ILLINOIS,
)
Complainant,
)
v.
 )
 PCB 90-18
(Enforcement)
ROBERT A. PROPHETER d/b/a
 )
BOB PROPHETER CONSTRUCTION
 )
COMPANY,
 )
)
Respondent.
JAMES
 ARCHIER,
 SENIOR
 ASSISTANT
 ATTORNEY
 GENERAL,
 APPEARED
 ON
BEHALF OF COMPLAINANT THE PEOPLE OF THE STATE OF ILLINOIS.
LOUIS
 F. PIGNATELLI, APPEARED ON BEHALF OF RESPONDENT.
OPINION
 AND
 ORDER OF THE BOARD
 (by M.
 Nardulli):
This matter comes before the Board upon a complaint filed on
January
 25,
 1990,
 by Roland
 W.
 Burns,
 Attorney General
 of the
State
 of
 Illinois,
 on
 behalf
 of
 the
 People
 of
 the
 State
 of
Illinois,
 against
 respondent,
 Robert
 A.
 Propheter
 d/b/a
 Bob
Propheter Construction Company (Propheter).
 The complaint alleges
 that Propheter operated its asphalt batch plant located in Utica,
LaSalle
 County,
 Illinois,
 in violation of
 Section
 9(b)
 of
 the
Illinois Environmental
Protection Act (Act)
 (Ill. Rev. Stat. 1989,
ch. 111 1/2, par.
 1009 (b)) and Sections 201.143 and 201.161 of the
Board’s air regulations.
 (35 Ill.
 Adju.
Code 201.143 and 201.161.)
Hearing was held on this matter
on July 30,
 1990 in
Chicago,
Illinois.
 At
 the
 hearing,
 the Attorney General
 read
 into
 the
record the terms of a stipulated agreement.
 This “Stipulation of
Facts
 and Proposed
 Settlement”
 was
 subsequently
 signed
 by
 the
parties
 and sets forth the
 full statement of all material facts
pertaining to the nature, operations and circumstances surrounding
the claimed violations.
 Propheter admits to past violations of the
Act and
 Board regulations and agrees to pay
 a penalty of three
thousand
 five
 hundred
 dollars
 ($3,500)
 into
 the
 Environmental
Protection Trust Fund.
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 Boards’s air pollution regulations.
2
This
 opinion constitutes the
 Board’s
 findings
 of
 fact
 and
conclusions of law in this matter.
ORDER
1.)
 The Board hereby accepts the Stipulation of Facts and
Proposed
 Settlement
 executed
 by
 the
 complainant
 and
Robert
 A.
 Propheter d/b/a
 Bob
 Propheter Construction
Company concerning violations of Section 9(b)
 of the Act
and
 35
 Ill.
 Adm.
 Code
 201.143
 and
 201.161.
 The
Stipulation
 of
 Facts
 and
 Proposed
 Settlement
 are
incorporated by
 reference
 as
 though
 fully
 set
 forth
herein.
2.)
 Propheter
 shall
 pay the
 sum
 of
 three thousand
 five
hundred dollars
 ($3,500) 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
Propheter
 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 (ill.
Rev.
 Stat.
 1989,
 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.
Section 41 of the Environmental Protection Act (Ill. Rev. Sat.
1987,
 ch.
 112. 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.
3
IT IS SO ORDERED.
Jacob D.
 Dumelle concurs.
3. Theodore Meyer dissents.
I,
 Dorothy M. Gunn,
 Clerk of the Illinois Pollution Control
Board, hereby certify that th
 above Opinion and Order was adopted
on the
 ,?CtZ~
 day of ______________________
,
 199
,
 by a vote
of
 ~
 -
 .
~orothy
 M.
 Gwçz’i,
 Clerk’
Illinois Pollñtion Control Board