ILLINOIS POLLUTION CONTROL BOARD
July 3,
1990
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 90—85
(Enforcement)
GEORGE M. ELIOPULOS,
d/b/a ELLIS CLEANERS,
an involuntarily dissolve
partnership,
Respondent.
APPEARANCE FOR THE CJMPLAINANT BY PAMELA CIARROCCHI ASSISTANT
ATTORNEY GENERAL
OPINION AND ORDER OF THE BOARD (by J. Marlin):
This matter comes before the Board upon a complaint filed
April 27, 1990 and an amended complaint filed on June 7, 1990.
The amended complaint specified that the alleged violation was to
35 Ill. Adm. Code 201.l~4rather than 201.143. Both the
complaint and the amended complaint were filed on behalf of the
People of the State of Illinois (‘TPeople”), by and through its
attorney, Neil F. Hartigan, Attorney General of the State of
Illinois, against George M. Eliopulos, d/b/a/ Ellis Cleaners
(George M. Eliopulos) located in Chicago, Illinois. The
complaint alleges that GeorQe M. Eliopulos has violated Section
9(b) of the Illinois Environmental Protection Act (“ActT), Ill.
Rev. Stat. 1989, ch. lll~, pars. 1001, et seq., and 35 Ill. Adm.
Code 201.144 of the Board~s rules and regulations.
Hearing on this matter was held June 11, 1990, in Chicaco,
Illinois. At hearing, the parties submiLted a Stipulation and
Settlement Agreement, executed by the parties. The ~tipulation
sets forth facts pertaining to the nature, operations, and
circumstances surrounding the claimed violations. George M.
Eliopulos admits to past violations of Section 9(b) of the Act
and 35 Ill. Adm. Code 201.144 and agrees to pay a civil penalty
of one thousand dollars (S1,000). George M. Eliooulos further
agrees to cease and desist from the alleged violations.
The transcript of rhe hearing includes
a sumnary of the
stipulation by the People. The
sumnarv includes a statement that
“violations
were aece*i
-~
5eo~:::-i
-?
~he Act.”
The
written stipu~a~i~n~i ~ ~‘r~:
u::n ~oicare that the
alleged violations were
t~
Secz~on ~?(b) of the
Act.
George
Elio~ulos was
neither ore~nt ~or reoresenred at hearina.
In
addition
no members of the
ouoli~were present. The 2oard finds
113-~1
—2—
the written documents including the signed agreement and
complaint are controlling in this situation.
The Board finds the Settlement Agreement acceptable under 35
Ill. Adm. 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.
ORDER
1.) The Board hereby accepts the Stipulation and Settlement
Aareenent executed by the Peonle of the State of
Illinois and Georce M. liooulcs, d/bia/ Ellis
Cleaners concern~na Georce M. liopuloss operations
located in Chicaao, :llinois. The Stipulation and
Settlement Agreement are incorporated by reference ~as
though fully set forth herein.
2.) George M. Eliooulos shall pay the sum of one thousand
dollars ($1,000) 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
George M. Eliopulos shall also write its Pederal 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, ct-~. lll~, par. 1041, provides for appeal ci final
Orders of the Board wit;hin 15 days. The ?~ulesof the Supreme
Court of :llino~s estaolisn filina requirements.
T IS SO OPDERED.
Board Member J. Theodore ~iever dissented.
113-~2
—3--
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif~that the above i on and Order was
adopted on the
J4-~~~day of
___________________
,
1990~ by a
vote of ~
—
/
.
Dorothy M. G),~n, Clerk’
Illinois Po~1ution Control Board
11