ILLINOIS POLLUTION CONTROL BOARD
December
 6,
 1989
ILLINOIS ENV:RONMENTAL
PROTECTION AGENCY,
Complainant,
v.
 )
 PCB
 89-69
(Enforcement)
KLAUSING TREE SERVICE,
 INC.,
Respondent.
OPINION AND ORDER OF THE BOARD
 (by B.
 Forcade):
This matter comes before the Board upon a complaint
 filed on
behalf
 of the Illinois Environmental Protection Agency
(“Agency”),
 by and through its attorney, Neil
 F.
 Hartigan,
Attorney General of the State of
 Illinois, against
 Klausing Tree
Service,
 Inc.
 (“Klausing”).
 The complaint alleges
 that Klausing
has violated Section 9(a)
 and
 (C)
 of
 the Illinois Environmental
Protection Act
 (“Act”),
 Ill.
 Rev.
 Stat.
 1987,
 ch. lll~,pars.
1009(a) and
 (c), and
 35 Ill. Adm.
 Code
 237.102(a)
 of the Board’s
rules and regulations.
Hearing
 on this matter was held on July
 14,
 1989
 in New
Lenox,
 Illinois.
 At the hearing,
 the parties submitted
 a
Stipulation and Settlement Agreement,
 executed by the parties.
The Stipulation sets forth a full stipulation of all material
 facts pertaining
 to the nature, operations, and circumstances
surrounding
 the claimed 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 air pollution control regulations.
This Opinion constitutes
 the Board’s findings of
 fact and
conclusions
 of law
 in this matter.
ORDER
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the Illinois Environmental Protection
Agency and Klausing Tree Services,
 Inc.
 concerning Klauslngs
tree trimming services,
 located
 in New Lenox,
 Illinois.
 The
St~puiatior1and Setternent AgreemenL are incorporated
 by
reference as though fully set
 forth herein.
106-15
—2—
Section
 41 of the Environmental Protection Act,
 Ill. Rev.
Stat.
 1987,
 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.
I, Dorothy M. Gunn,
 Clerk
 of the Illinois Pollution Control
Board,
 hereby certify that the above Opinion and Order was
adopted on the
 ~.
 ~i
 day of
 i...
 ~
 ,
 1989,
 by a
vote of
________
 .
•
 /
 .
/
Dorothy
 M. £~Unn, Clerk
Illinois Pollution Control Board
10616