ILLINOIS POLLUTION CONTROL BOARD
October 11, 1990
PEOPLE OF THE STATE OF
)
ILLINOIS,
Complainant,
v.
)
PCB 90—116
(Enforcement)
GRAHAM
PAINT AND VARNISH CO.,
)
INC., an Illinois Corporation,
)
)
Respondent.
JOSEPH ANNUNZIO APPEARED ON BEHALF OF THE COMPLAINANT.
GERALD P. LANGOSCH, SR. AND RAYMOND SHILVOCK APPEARED ON BEHALF
OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD (by J.C. Marlin):
This matter comes before the Board upon a complaint filed
June 18, 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 Graham Paint
and Varnish Co., Inc., (“Graham”), located in Chicago Illinois.
The complaint alleges that Graham has violated Sections 9(a) and
(b) of the Illinois Environmental Protection Act (“Act”), Ill.
Rev. Stat. 1989, ch. l1l~,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 August 28, 1990 in Skokie,
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. Graham admits
to past violations of Sections 9(a) and (b) of the Act and 35
Ill. Adm. Code 201.142 and 201.143 and agrees to pay a civil
penalty of two thousand seven hundred and fifty dollars
($2,750.00). Graham 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 Agreement in no way
115—297
—2—
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.
ORDER
1.) The Board hereby accepts the Stipulation and
Settlement Agreement executed by the People of the
State of Illinois and Graham Paint and Varnish Co.,
Inc., concerning Graham’s operations located in
Chicago, Illinois. The Stipulation and Settlement
Agreement are incorporated by reference as though
fully set forth herein.
2.) Graham shall pay the sum of two thousand seven hundred
and fifty dollars ($2,750) 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
Graham 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.
115—298
—3—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the abo~e~pinionand Order was
adopted on the
//~“7
day of
________________,
1990, by a
vote of
~5—/ .
/
/
Dorothy M. Gut/n, Clerk~
Illinois Pol~(itionControl Board
115—299