ILLINOIS POLLUTION CONTROL BOARD
August 9, 1990
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 90—72
(Enforcement)
CLEVELAND CORPORATION,
)
an Illinois corporation,
Respondent.
APPEARANCE FOR COMPLAINANT BY RICHARD VERKLER, ASSISTANT ATTORNEY
GENERAL.
APPEARANCE FOR RESPONDENT BY THOMAS RUECKERT.
OPINION AND ORDER OF THE BOARD (by M. Nardulli):
This matter comes before the Board upon a five count
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
Cleveland Corporation located in Zion, Lake County, Illinois.
The complaint alleges that Cleveland Corporation has violated
Sections 9(a), (b) and (c) of the Illinois Environmental
Protection Act (flActu), Ill, Rev. Stat. 1989, ch. 1ll~, pars.
1001, et. seq., and 35 Ill. Adm. Code 201.142, 201.143 and
237.102(a) of the Board’s rules and regulations.
Hearing on this matter was held June 28, 1990, in Waukegan,
Lake County, 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. Cleveland Corporation admits to past violations of
Section 9(a) and
(C)
of the Act and 35 Ill. Adm. Code 201.143 and
237.102(a) and agrees to pay a civil penalty of six thousand
dollars ($6,000) in four equal quarterly installments, Cleveland
Corporation further agrees to cease and desist from the alleged
violations.
The Board finds the Settlement Agreement acceptable under 35
Ill. Adm. Code 103.180. It should be noted that the Settlement
Agreement does not refer to either Section 9(b) of the Act or 35
Ill. Adm. Code 201.142; however, the Stipulation does release
Respondent from further liability and penalties under the
complaint. This Settlement Agreement in no way affects
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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 Cleveland Corporation,
concerning Cleveland Corporation’s operations located
in Lake County, Illinois. The Stipulation and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2.) Cleveland Corporation shall pay the sum of six
thousand dollars ($6,000), in four equal quarterly
installments. The first such installment shall be
made within 30 days of the date of this Order. Such
payments 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
Cleveland Corporation 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.
II
.‘~—bt~
—3—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above~Opinion and Order was
adopted on the
vi’-
day of
___________________,
1990, by a
vote of
.5~—/ .
-‘
Ill
llut Control Board
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