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

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