ILLINOIS POLLUTION CONTROL BOARD
    April 8, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 93—31
    (Enforcement)
    INLAND LAKES MANAGEMENT, INC.
    )
    a Michigan corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J. C. Marlin):
    This matter comes before the Board upon a complaint filed
    February 17, 1993 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 Inland Lakes
    Management, Inc., owner of a steamer tanker ship moored on Lake
    Calumet at the Lafage Corporation cement terminal in Chicago,
    Cook County, Illinois. The complaint alleges that Inland Lakes
    Management, Inc. has violated Sections 9(a) and 9(b) of the
    Environmental Protection Act (“Act”), 415 ILCS 5/9(a) and 5/9(b)
    (1992), and 35 Ill. Adm. Code 201.143 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 February 17, 1993. Notice of the waiver was
    published by the Board on March 4, 1993; 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 February 17, 1993. The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violations. Inland Lakes Management,
    Inc., admits to past violations of Section 9(a) and 9(b) of the
    Act, and 35 Ill. Adm. Code 201.143 and agrees to pay a civil
    penalty of Four Thousand Dollars ($4,000.00). Inland Lakes
    Management, Inc. 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.
    1~(
    J — U ~2 I
    2
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Inland Lakes Management, Inc., concerning
    violations of Sections 9(a) and 9(b) of the Illinois
    Environmental Protection Act (“Act”), 415 ILCS 5/9(a)
    and 5/9(b) (1992), and 35 Ill. Adm. Code 201.143 by
    Inland Lakes Management, Inc.’s steamer tanker ship
    moored on Lake Calumet at the Lafarge Corp. cement
    terminal located in Chicago, Cook County, Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) Inland Lakes Management, Inc., shall pay the sum of
    Four Thousand Dollars ($4,000.00) 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
    Environmental Protection Trust 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
    Inland Lakes Management, Inc., shall also write their
    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 5/1003 of the Illinois Income
    Tax Act, (35 ILCS 5/1003 (1992)), 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) Inland Lakes Management, Inc. shall cease and desist
    from the alleged violations.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) 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. Adm. Code
    101.246, Motions for Reconsideration, and Castenada v. Illinois
    Human Rights Commission (1989), 132 Ill. 2d 304, 547 N..E.2d 437
    and Strube
    V.
    Illinois Pollution Control Board, No. 3-92-0468,
    01
    L~
    I -0122
    3
    slip op. at 4—5 (3d Dist. March 15, 1993).)
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certf that the above inio~iand order ~as
    adopted on the
    ~-
    day of
    ~—
    ,
    1993, by a
    vote of
    -5T/
    Dorothy M. Gu~ Clerk
    Illinois Poll~tionControl Board
    r~t~
    UI1HUI

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