ILLINOIS POLLUTION CONTROL BOARD
    March 17,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    94—52
    (Enforcement)
    JAYS FOOD INC.,
    )
    a Illinois Corporation,
    )
    )
    Respondent.
    OPINION
    AND ORDER
    OF THE BOARD:
    This matter comes before the Board upon a three—count
    complaint filed February 2,
    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 Jays Food Inc., an Illinois Corporation located
    at 825 E. 99th Street,
    in the City of Chicago, Cook County,
    Illinois.
    The complaint alleges that Jays Foods has violated
    Sections
    9(b)
    of the Illinois Environmental Protection Act
    (Act),
    415 ILCS 5/9(b)
    and 35 Ill. Adm. Code
    SS
    201.142, 201.143,
    201.144 and 201.162 for operating and constructing emission
    sources without the proper permits.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    February 2,
    1994.
    The Board published a Notice of the waiver on
    February 7,
    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
    February 2, 1994.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    Jays Food neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of eleven thousand
    dollars
    ($11,000.00).
    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
    2
    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 Jays Foods,
    concerning its facility
    located in Cook County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    The Jays Foods,
    shall pay the sum of eleven thousand
    dollars ($11,000.00) 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,
    the Jays Foods Federal Employer
    Identification Number or 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)
    Jays Foods shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    E.
    Dunham Abstained.
    J. Theodore Meyer Concurred.
    3
    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.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~~thatthe abov
    opinion and order was
    adopted on the
    /~(~
    day of
    _________________,
    1994, by a
    vote of
    ________.
    /7
    ~
    Dorothy N. ç~nn,Clerk
    Illinois Pc~(lutionControl Board

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