ILLINOIS POLLUTION CONTROL BOARD
    November 19, 1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 92—147
    (Enforcement)
    F & B MANUFACTURING CO., a
    )
    Pennsylvania corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.C. Marlin):
    This matter comes before the Board upon a complaint filed
    October 7, 1992 on behalf of the People of the State of Illinois,
    by and through its attorney, Roland W. Burns, Attorney General
    of the State of Illinois, against F & B Manufacturing Co. located
    in Gurnee, Lake County, Illinois. The complaint alleges that F &
    B Manufacturing Co. has violated Section 21(1) of the Illinois
    Environmental Protection Act (“Act”), Ill. Rev. Stat. 1991, ch.
    111½, pars. 1021(1) and 35 Ill. Adm. Code 722.141(a) of the
    Board’s rules and regulations.
    Pursuant to Section 31(a) (1) of the Act, a joint Motion
    requesting relief from the Act’s hearing requirement was filed by
    the parties on October 7, 1992. Notice of the waiver was
    published by the Board on October 23, 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 October 7, 1992. The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violations. F & B Manufacturing Co.,
    admits to past violations of Section 21(i) of the Act and 35 Ill.
    Adm. Code 722.141(a) and agrees to pay a civil penalty of Twelve
    Thousand Nine Hundred Dollars ($12,900.00). F & B Manufacturing
    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.
    37-0209
    2
    ORDER
    1.) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and F & B Manufacturing Co., concerning
    violations of Section 21(1) of the Illinois
    Environmental Protection Act (“Act”), Ill. Rev. Stat.
    1991, ch. 111½, par. 1021(a), and 35 Ill. Adin. Code
    722.141(a) by F & B Manufacturing Co.’s, operations
    located in Gurnee, Lake County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.) F & B Manufacturing Co., shall pay the sum of Twelve
    Thousand Nine Hundred Dollars ($12,900.00) within 30
    days of the date of this Order. Such payment must be
    made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the
    Hazardous Waste Fund, and must 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
    F & B Manufacturing Co., shall 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. 1991, 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. F & B Manufacturing Co. shall cease and desist from the
    alleged violations.
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat. 1991, 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.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    0137-0210
    3
    I, Dorothy M. Gunn, Clerk of the Illinoi3 Pollution Control
    Board, hereby cert~y that the ah9~eopinion and order was
    adopted on ~he
    /‘~
    day of
    ~
    ,
    1992, by a
    vote of
    _______.
    7
    Dorothy M. ~inn, Clerk
    Illinois Po),llution Control Board
    0137-021 I

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