ILLINOIS POLLUTION CONTROL BOARD
October
25, 1990
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 90—93
(Enforcement)
ITW MAGNAFLUX,
a division
of ILLINOIS TOOL WORKS,
INC.
a Delaware Corporation,
)
Respondent.
PAMELA CIARROCCHI APPEARED FOR THE COMPLAINANT.
KATHERINE CLARK APPEARED FOR THE RESPONDENT.
OPINION AND ORDER OF
THE
BOARD
(by J.
Anderson):
This matter comes before the Board upon a complaint filed
May
3,
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 ITW Magnaflux,
a division of Illinois Tool Works (“Magnaflux”), located
in
Harwood Heights,
Cook County,
Illinois.
The complaint alleges
that Magnaflux has violated Section
9(b) of the Illinois Environ-
mental Protection Act
(“Act”),
Ill. Rev. Stat.
1989,
ch. ll1~,
pars.
1001,
et.
seq.,
and 35
Ill. Adm. Code 201.143 of the
Board’s rules and regulations.
Hearing on this matter was held June
25, 1990,
in Chicaco,
Illinois.
At hearing,
the parties submitted
a Stipulation and
Settlement Agreement which was unexecuted by the parties.
The
executed Stipulation was submitted on September 6,
1990.
The
Stipulation sets forth facts pertaining to the nature,
operations, and circumstances surrounding the claimed
violations.
Magnaflux admits to past violations of Section 9(b)
of the Act and
35 Iii. Adm. Code 201.143 and agrees to pay a
civil penalty of three thousand dollars
($3,000).
Magnaflux
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.
115—441
—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 and
Settlement Agreement executed by the People of the
State of Illinois and ITW Magnaflux,
a division of
Illinois Tool Works concerning Magnaflux’s operations
located in Harwood Heights, Cook County,
Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set
forth
herein.
2.)
Magnaflux 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
Magnaflux 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. 1ll~,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
3.
Dumelle and
3.
Theodore Meyer dissented.
I,
Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that the abov~Op~on and Order was
adopted on the
~~--
day of
___________________
,
1990,
by a
vote of
_________
I
lution Control Board
115—442