ILLINOIS POLLUTION CONTROL BOARD
    April 22, 1993
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 93—50
    (Enforcement)
    TRI-STATE METAL COMPANY, a
    )
    Delaware Corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by 3. C. Marlin):
    This matter comes before the Board upon a complaint filed
    March 10, 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 Tn—State Metal Company,
    located in Chicago, Cook County, Illinois. The complaint alleges
    that Tn-State Metal Company has violated Sections 9(a) and 9(b)
    of the Environmental Protection Act (“Act”), 415 ILCS 5/9(a)
    (1992) and 5/9(b), and 35 Ill. Adm. Code 201.144 of the Board’s
    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 March 10, 1993. Notice of the waiver was
    published by the Board on March 18, 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 March 10, 1993. The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violations. Although the complaint
    alleges violations of section 9(a) and 9(b) of the Act, Tn-State
    Metal Company, admits only to past violations of Section 9(b) of
    the Act. Additionally, Tn-State admits to past violations of 35
    Ill. Adm. Code 201.144 and agrees to pay a civil penalty of Ten
    Thousand Dollars ($10,000.00). Tn-State Metal Company 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.
    0
    ~.
    I -0269
    2
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Tn-State Metal Company, concerning
    violations of Section 9(b) of the Illinois
    Environmental Protection Act (“Act”), 415 ILCS 5/9(b)
    (1992), and 35 Ill. Adm. Code 201.144 by Tn—State
    Metal Company, located in Chicago, Cook County,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) Tn-State Metal Company, shall pay the sum of Ten
    Thousand Dollars ($10,000.00) within 30 days of the
    date of this Order. Such payment must be made by
    certified check or money onden payable to the Treasurer
    of the State of Illinois, designated to the
    Environmental Protection Tnust Fund, and must be sent
    by First Class mail to:
    Illinois Environmental Pnotection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    Tn-State Metal Company, 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 5/1003 of theIllinois 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) Tn-State Metal Company 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 Count 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,
    slip op. at 4—5 (3d Dist. March 15, 1993).)
    01 ~I -0270
    3
    IT IS SO ORDERED.
    3. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby centif~ that the aboy~ opijiion and order was
    adopted on the?~k
    day of
    ___________________
    voteof
    _.5—/
    by a
    ~.
    ~
    Dorothy M. ,,~1/nn, Clerk
    Illinois PQ~Lution Control Board
    01L~1-O27I

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