ILLINOIS POLLUTION CONTROL BOARD

December 2, 1993

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

PCB

93—92

(Enforcement)

ELKAY MANUFACTURING COMPANY,

an Illinois Corporation,

)

Respondent.

OPINION AND ORDER OF THE BOARD (by C.A. Manning):

This matter comes before the Board upon a complaint filed May

10, 1993, by Roland W. Burns, Attorney General of the State of

Illinois, on behalf of the Illinois Environmental Protection Agency

and the People of the State of Illinois, against Elkay Manufactur-

ing Company (Elkay), an Illinois Corporation located at 2700 South

17th Avenue, Broadview, Cook County, Illinois. The complaint

alleges that Elkay violated Section 21(i) of the Illinois Environ-

mental Protection Act (Act), 415 ILCS 5/21(i), and 35 Iii. Adm.

Code 722.141(a) of the Board’s rules.

Pursuant to 415 ILCS 5/31(a)(1), a joint motion requesting

relief from the Act’s hearing requirement was filed by the parties

on October 22, 1993. Notice of the waiver was published by the

Board on November 6, 1993; no objection to grant of the waiver was

received. Waiver of hearing is hereby granted.

On October 22, 1993, the Stipulation and Settlement Agreement

was filed with the Board. The Stipulation sets forth facts relat-

ing to the nature, operations and circumstances surrounding the

claimed violations. Elkay admits the alleged violations. The

Settlement Agreement provides that Elkay will pay a civil penalty

of seven thousand dollars ($7000.00).

The Board finds the Settlement Agreement substantively

acceptable under 35 Ill. Adm. Code 103.180. However, pursuant to

Section 103.180(c), we are suggesting a revision and redirecting

the payment of the $7,000 penalty from the Hazardous Waste Trust

Fund to the Environmental Protection Trust Fund. The Board is

generally authorized to approve the payment of penalties for

violations of the Act or corresponding regulations to the

Environmental Protection Trust Fund (415 ILCS 5/42(a)), and, inter

alia, is specifically authorized to approve payment of penalties to

the Hazardous Waste Trust Fund for violations of Section 22.2(k) of

the Act. (415 ILCS 5/22.2(k).) Though the instant case involves

violations of “hazardous waste” reporting requirements, the

complaint does not allege a violation of 22.2(k), but instead is

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brought pursuant to Section 21(i) of the Act and 35 Ill. Adm. Code

722.141(a). As such, the $7,000 penalty shall be designated to the

Environmental Protection Trust Fund.

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 executed by the People of the State of Illinois

and Elkay Manufacturing Company, concerning its opera-

tions located in Broadview, Cook County, Illinois. The

Stipulation and Settlement Agreement is incorporated by

reference as though fully set forth herein.

2) The Elkay Manufacturing Company shall pay the sum of

seven thousand dollars ($7000.00) 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

Fiscal Services Division

2200 Churchill Road

P.O. Box 19276

Springfield, IL 62794—9276

Elkay Manufacturing 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 1003 of the Illinois Income Tax Act, (35

ILCS 5/1003), 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) Elkay Manufacturing Company shall cease and desist from

the alleged violations.

IT IS SO

ORDERED.

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Section 41 of the Environmental Protection Act

(415 ILCS 5/41)

provides for the appeal of final Board orders within 35 days. The

Rules of the Supreme Court of Illinois establish filing require-

ments.

(~

also 35 Ill. Adm. Code 101.246, “Motion for

Reconsideration”.)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above opinion and order was adopted

on the

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day of

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,

1993, by a vote of

/

~/

Dorothy M. G~hn, Clerk

Illinois Pollution Control Board