ILLINOIS POLLUTION CONTROL BOARD.
June 21, 1990
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
V.
)
PCB 90-57
(Enforcement)
LIFETIME ROOFTILE COMPANY,
an Illinois corporation,
Respondent.
APPEARANCE FOR THE COMPLAINANT BY RENEE CIPRIANO, ASsISTANT
ATTORNEY GENERAL
OPINION AND ORDER OF THE BOARD (by M. Nardulli):
This matter comes before the Board upon a complaint filed
April 13, 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 Lifetime
Rooftile Company (Lifetime), located in Seneca, La Salle County,
Illinois. The complaint alleges that Lifetime has violated
Section 9(b) of the Illinois Environmental Protection Act
(“Act”), Ill. Rev. Stat. 1989, ch. lll~, pars. 1001, et. seq.,
and 35 Ill. Adm. Code 201.142 and 201.143 of the Board’s rules
and regulations.
Hearing on this matter was held June 7, 1990, in Ottawa, La
Salle County, Illinois. At hearing, the parties submitted a
Stipulation ar.d Settlement Agreement, executed by the parties.
The Stipulation sets forth facts pertaining to the nature,
operations, and circumstances surrounding the claimed
violations. Lifetime admits to past violations of Section 9(b)
of the Act and 35 Ill. Adm. Code 201.142 and 201.143 and agrees
to pay a civil penalty of two thousand five hundred dollars
(S2,500)
The Board finds the Settlement Agreement acceptable under 35
Ill. Adrn. 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.
112—4fl3
—2—
ORDER
1.)
The Board hereby accepts the Stipulation and
Settlement Agreement executed by the People of the
State of Illinois and Lifetime Rooftile Company
concerning Lifetime’s operations located in Seneca,
La Salle County, Illinois. The Stipulation and
Settlement Agreement are incorporated by reference
as though fully set forth herein.
2.)
Lifetime shall pay the sum of
two
thousand five
hundred dollars ($2,500) 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, desiQnated 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
Lifetime 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. 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.
Board Member J. Theodore Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
~
day of
____________________,
1990, by a
vote of
~-/
~-~L4~
~.
.~
Dorothy M. G~n, Clerk
Illinois Pollution Control Board
112—404