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