ILLINOIS POLLUTION CONTROL BOARD
    October
    25,
    1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—107
    )
    (Enforcement)
    MILLER POWER FLUID,
    )
    an Illinois corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board upon a complaint filed
    June
    8,
    1990 on behalf of the People of the State of Illinois
    (“People”), by and through
    its attorney,
    Neil F. Hartigan,
    Attorney General of the State of Illinois, against Miller Power
    Fluid (“Miller”),
    located
    in DuPage County,
    Illinois.
    The
    complaint alleges that Miller has violated Sections 9(a) and
    (b)
    of the Illinois Environmental Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch. lll~,pars.
    1001, et.
    seq., and
    35 Ill. Adm. Code
    201.144 of
    the Board’s rules and regulations.
    Hearing on this matter was held September 13,
    1990 in
    Wooddale, DuPage County,
    Illinois.
    At hearing,
    the parties
    submitted
    a Stipulation and Settlement Agreement,
    executed by the
    parties.
    The Stipulation sets forth facts pertaining to the
    nature, operations, and circumstances surrounding the claimed
    violations.
    Miller admits to past violations of Section
    9(b)
    of
    the Act and
    35
    Ill. Adm. Code 201.144 and agrees to pay
    a civil
    penalty of three thousand dollars
    ($3,000).
    Miller further
    agrees to cease and desist from the alleged violations.
    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.
    115—44
    7
    —2—
    ORDER
    1.)
    The Board hereby accepts the Stipulation and
    Settlement Agreement executed by the People of the
    State of Illinois and Miller
    Power Fluid, concerning
    Miller Power Fluid’s operations located in DuPage
    County Illinois.
    The Stipulation and Settlement
    Agreement are incorporated by reference as though
    fully set forth herein.
    2.)
    Miller Power Fluid shall pay the sum of three thousand
    dollars ($3,000)
    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
    Miller Power
    Fluid
    shall also write its Federal
    Employer Identification Number
    or Social Security
    Number on the certified check or money order.
    Section 41
    of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    ch. lll~,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.
    IT
    IS SO ORDERED.
    Board Members J.
    Dumelle and J. Theodore Meyer dissented.
    I, Dorothy N. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify that the abpve p2inion and Order was
    adopted on the
    ~~day
    of
    ~
    ,
    1990,
    by a
    vote of
    ~3
    -‘:;~.
    .
    Dorothy M.
    Gizj~n, Clerk
    Illinois PoI~lutionControl Board
    115—448

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