ILLINOIS POLLUTION CONTROL BOARD
December 16,
1993
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
PCB 93—216
(Enforcement)
ALUMINUM
COIL ANODIZING
CORPORATION, an Illinois
Corporation,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by C.A. Manning):
This matter comes before the Board upon a two—count complaint
filed November 18,
1993
on behalf
of the Illinois Environmental
Protection
Agency
and
the
People
of
the
State
of
Illinois
(“People”),
by and through Roland W. Burns, Attorney General of
the
State
of
Illinois,
against
the
Aluminum
Coil
Anodizing
Corporation,
an
Illinois
Corporation
located at
501
East
Lake
Street,
Streamwood, Cook County,
Illinois.
The complaint alleges
the Aluminum Coil Anodizing Corporation violated Sections 9(a) and
(b) of the Environmental Protection Act
(Act)
(415 ILCS 5/9(a) and
(b)) and 35 Ill. Adm. Code Sections 201.141, 201.144 and 214.303 (a)
of the Board’s rules.
Pursuant to 415
ILCS 5/31(a)(1),
a joint motion requesting
relief from the Act’s hearing requirement was filed by the parties
on November 18,
1993.
Notice of the waiver was published by the
Board on November 19, 1993; no request for a hearing, nor objection
to
our granting the waiver
has been received.
Waiver
of
the
hearing is hereby granted.
A proposed stipulation and settlement agreement was filed by
the parties on November 18, 1993.
The stipulation sets forth facts
relating to the nature, operations and circumstances surrounding
the claimed violations.
The parties agree that the stipulation and
the settlement agreement do not constitute an admission on the part
of
respondent
of
violating
the
Act
or
its
corresponding
regulations.
Aluminum Coil Anodizing Corporation agrees to pay a
civil
penalty
of
Seventeen
Thousand
Five
Hundred
Dollars
($17, 500.00).
The Board
has authority to
impose such a penalty
where the parties have agreed upon the respondents payment of
a
penalty,
but
have
not
stipulated
to
a
finding
of
violation.
(Cheinetco,
Inc.
v.
Illinois
Pollution
Control
Board,
140
Ill.
App.3d
,283,
488 N.E.2d 639,
643
(5th Dist.
1986); Archer Daniels
Midland v. Pollution Control Board, 140 Ill.App.3d 823, 489 N.E.2d
887
(3rd Dist.
1986)).
Pursuant to the settlement procedure requirements set forth in
2
35 Ill. Adm. Code 103.180, the Board hereby accepts the settlement
agreement as proposed by the parties.
The settlement agreement in
no way affects
the respondent’s obligation 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.
ORDER
1)
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of Illinois
and Aluminum Coil Anodizing Corporation concerning the
company’s operations
located
at 501 East Lake
Street,
Streamwood,
Cook County,
Illinois.
The Stipulation and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2)
Aluminum Coil Anodizing Corporation shall pay the sum of
Seventeen
Thousand
Five
Hundred
Dollars
($17,500.00)
pursuant to the following payment schedule:
$2,500.00
within 30 days after entry of this Board’s final order;
and $2,500.00 every 30 days thereafter until such time as
payment
totaling
$17,500.00
is
paid
in
full.
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
Aluminum Coil Anodizing 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
(approximately seven and
a half months
from the final
entry of this order) 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)
Aluminum
Coil
Anodizing
Corporation
shall
cease
and
desist from the alleged violations.
3
3.
Theodore Meyer concurred.
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.
The
Rules
of
the
Supreme
Court
of
Illinois
establish
filing
requirements.
(See also 35
Ill.
Adm.
Code 101.246,
Motion
for
Reconsideration.)
I,
Dorothy
14.
Gunn,
Clerk of the Illinois Pollution Control
Board, here~ycertify that the above opinion and order was adopted
on the
/~
~
day of
~-I~-~’
,
1993, by a vote of
7-~
.
~
Dorothy N.(’dunn, Clerk
Illinois P~lutionControl Board