ILLINOIS POLLUTION CONTROL BOARD

July 3, 1990

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v.

)

P03

90-70

(Enforcement)

CARAVELLE

WOOD

PRODUCTS, INC., an

Illinois Corporation,

Respondent.

APPEARANCE FOR THE

COMPLAINANT 3? JOSEPH ANNUNZIO, ASSISTANT

ATTORNEY GENERAL and MICHELLE JORDAN, ASSI STANT ATTORNEY

GENERAL.

APPEARANCE

FOR THE RESPONDENT 2? ANDREW D. ROSS, MCGRANE,

PEROZZI, STELTER, GERARDI, BRAVER & ROSS.

OPINION AND ORDER OF THE

BOARD

(by

J. Marlin):

This matter comes before the Board upon a complaint filed

April 20, 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 Caravelle Wood

Produdts, Inc., (Caravelle) located in Chicago Heights, Cook

County, Illinois. The complaint alleges that Caravelle has

violated Section 9(b) of the Illinois Environmental Protection

Act (“Act”), Ill. Rev. Stat. 1989, ch. ll1~,pars. 1001, et seq.,

and 35 Ill. Adm. Code 201.143 of the Board’s rules and

regulations.

Hearing on this matter was held June 13, 1990 in Chicago,

Illinois. At hearing, the parties submitted a Stipulation and

Settlement Agreement, executed by the parties. The Stipulation

sets forth facts pertaining to the nature, operations, and

circumstances surrounding the claimed violations. Caravelle

admits to past violations of Section 9(b) of the Act and 35 Ill.

Adm. Code 201. 143 and agrees to pay a civil penalty of two

thousand five hundred dollars ($2,500). Caravelle further agrees

to cease and desist from the alleged violations.

The Board finds the Settlement Agreement acceptable under 35

Ill. Adm. Code 103.180. This Settlement Acreement in no way

affects Rescondent’s resconsioiiitv to comply with any federal,

state or local recuat~~ns,~ncludina but not limited to the Act

and t:he

3oa~d s

:oil~:r:on cm: rd reaulations.

This Opinion constitutes tne Board’s finding.s of fact and

conclusions of law in this matter.

Ii3

*

()

I

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—2--

ORDER

1.) The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and Caravelle Wood Products, Inc., concerning

Caravelle’s operations located in Chicago Heights, Cook

County, Illinois. The Stipulation and Settlement

Agreement are incorporated by reference as though fully

set forth herein.

2.) Caravelle 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, 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

Caravelle 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 abov~—~pinionand Order was

adopted on the

~

day of

__________________

1990, by a

voteof

~

.

/

Dorothy M. Gu/n~ Clerk

Illinois PoUution Control Board

113—62