ILLINOIS POLLUTION CONTROL BOARD
    August 13, 1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 92—93
    (Enforcement)
    INTERNATIONAL SUPPLY CO.,
    )
    an Illinois corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.C. Marlin):
    This matter comes before the Board upon a complaint filed
    June 22, 1992 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Roland W. Burns,
    Attorney General of the State of Illinois, against International
    Supply Co. located in Edeistein, Peoria County, Illinois. The
    complaint alleges that International Supply Co. violated Sections
    9(a) and (b) of the Illinois Environmental Protection Act
    (“Act”), Ill. Rev. Stat. 1989, ch.
    111½,
    pars. 1009(a) and (b)
    and 35 Iii. Adm. Code 201.142 and 201.143 of the Board’s rules
    and regulations.
    Pursuant to Ill. Rev. Stat., 1990 Supp., ch. 111 1/2, par.
    1031(a) (1), a joint Motion requesting relief from the Act’s
    hearing requirement was filed by the parties on June 22, 1992.
    Notice of the waiver was published by the Board on June 30, 1992;
    no objection to grant of the waiver was received. Waiver of
    hearing is granted by the Board via today’s Opinion and Order.
    A Stipulation and Settlement Agreement was filed by the
    parties on June 22, 1992. The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violations. International Supply Co.,
    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 One Thousand Dollars ($1,000.00). International
    Supply Co., 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
    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 execu~ 35t~3~e~pleof the State of
    Illinois and International Supply Co., concerning
    violations of Sections 9(a) and (b) of the Illinois
    Environmental Protection Act (“Act”), Ill. Rev. Stat.
    1989, ch. 111½, pars. 1009(a) and (b), and 35 Ill. Adm.
    Code 201.142 and 201.143 by International Supply Co.,
    operations located in Edelstein, Peoria County,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) International Supply Co., shall pay the sum of One
    Thousand Dollars ($1,000.00) 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
    FisOal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    International Supply Co. shall also write its Federal
    Employer Identification Number or Social Security
    Number on the certified check or money order.
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection (a) of Section 1003 of the Illinois Income
    Tax Act, (Ill. Rev. Stat. 1989, ch. 120, par. 10—1003),
    as now or hereafter amended, from the date payment is
    due until the date payment is received. Interest shall
    not accrue during the pendency of an appeal during
    which payment of the penalty has been stayed.
    3) International Supply Co. shall cease and desist from
    the alleged violations.
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat. 1989, ch. 111½, 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. (But see also 35
    Ill. Adin. Code 101.246, Motions for Reconsideration, and
    Castenada
    V.
    Illinois Human Rights Commission (1989), 132 I11.2d
    304, 547 N.E.2d 437.)
    IT IS SO ORDERED.
    3.
    Theodore Meyer dissented.
    O135~O352
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,’hereby certi that the abov~,Opinionand Order was
    adopted on,the
    /
    L
    day of
    ________________,
    l9~2, by a
    vote of ~
    .
    Dorothy M. G~n, Clerk
    Illinois Poll’ution Control Board
    0135-0353

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