ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    V.
    j
    PCB
    94—269
    (Enforcement)
    AMERICAN
    RACK
    COMPANY,
    a
    Florida
    corporation,
    Respondent.
    OPINION
    AND ORDER
    OF THE
    BOARD:
    This matter comes before the Board upon a one—count
    complaint filed September 27,
    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 American Rack Company, a Florida corporation
    located at 1919 North Paulina,
    in the City of Chicago, Cook
    County, Illinois.
    The complaint alleges that Automatic Anodizing
    Corporation has violated Section 25b—2 of the Illinois Environ-
    mental Protection Act
    (Act),
    (415 ILCS
    5/25b-2), pertaining to
    toxic chemical release reporting requirements.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    September 27,
    1994.
    The Board published a notice of the waiver
    on October 19,
    1994; no objection to grant of the waiver was
    received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    September 27,
    1994.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    American Rack Company admits the alleged violations
    and agrees to pay a civil penalty of five thousand dollars
    ($5,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill.
    Adin. 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 American Rack Company, concerning its
    facility located at 1919 North Paulina,
    in the City of
    Chicago, Cook County, Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    American Rack Company,
    shall pay the sum of five
    thousand dollars ($5,000.00) 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, the American Rack Company’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 on 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)
    American Rack Company shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    Board
    Member
    3.
    Theodore
    Meyer
    concurred.
    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, Motion for Reconsideration.)
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abo,ve opinion and order was
    adopted on~e /
    ‘-~
    day
    of
    --~~
    ,
    1994, by a
    vote of
    /
    ~O
    ?~
    ~
    Dorothy H.
    9~irin, Clerk
    Illinois P~)(lutionControl Board

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