ILLINOIS POLLUTION CONTROL BOARD
    January 11, 1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    V.
    PCB
    94—376
    (Enforcement)
    ACORN WIRE
    AND
    IRON WORKS,
    an Illinois corporation,
    Respondent.
    OPINION
    AND ORDER
    OF THE BOARD:
    This matter comes before the Board upon a three—count
    complaint filed December 9,
    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 Acorn Wire and Iron Works, an Illinois
    corporation located at 4940 S. Kilbourn,
    in the City of Chicago,
    Cook County,
    Illinois.
    The complaint alleges that Acorn Wire and
    Iron Works has violated Sections 9(a) and 9(b) of the Illinois
    Environmental Protection Act (Act),
    415 ILCS
    5/9(a),
    5/9(b),
    35
    Ill. Adm. Code 218.204(j), 35 Ill. Adm. Code 201.144 and 35 Ill.
    Adm. Code 212.309(a)
    for excessive VOM emissions, operating
    emission sources without the proper permits and failure to submit
    an operating program.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    December 9,
    1994.
    The Board published a notice of the waiver on
    December 15,
    1994; no objection to granting of the waiver was
    received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    December 9,
    1994.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    Acorn Wire and Iron Works admits the alleged
    violations and agrees to pay a civil penalty of two thousand
    dollars
    ($2,000.00).
    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
    conclusions of law in this matter.

    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Acorn Wire and Iron Works,
    concerning its
    facility located at 4940 S. Kilbourn, in the City of
    Chicago, Cook County, Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    Acorn Wire and Iron Works,
    shall pay the sum of two
    thousand dollars
    ($2,000.00) 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, Acorn Wire and Iron Works’s
    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)
    Acorn Wire and Iron Works shall cease and desist from
    the alleged violations.
    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 of the date of service of this order.
    (See also 35 Ill.
    Adm. Code 101.246, Notion for Reconsideration.)

    3
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi~ythatthe ako~veopinion and order was
    adopted on the
    //~
    day of
    __________________,
    1995,
    by a
    vote of
    ~
    .
    (,1
    (J
    ,,
    Clerk
    llution Control Board

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