ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    V.
    )
    PCB 94—268
    )
    (Enforcement)
    AMERI CAN GENERATOR
    AND
    )
    ARMATURE COMPANY,
    )
    an Illinois corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed September 27, 1994, 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 American Generator and Armature Company, an
    Illinois corporation located at 3610 West
    Touhy,
    in the City of
    Skokie, Cook County, Illinois. The complaint alleges that
    American Generator and Armature Company has violated Section 25b—
    2 of the Illinois Environmental Protection Act (Act), (415 ILCS
    5/25b-2), pertaining to toxic chemical release reporting
    requirements.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Notion requesting relief from the Act’s hearing requirement on
    September 27, 1994. The Board published a notice of the waiver
    on October 20, 1994; no objection to grant of the waiver was
    received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    September 27, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. American Generator and Armature Company neither
    admits nor denies the alleged violations and agrees to pay a
    civil penalty of six thousand seven hundred dollars ($6,700. 00).
    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.
    2
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and American Generator and Armature Company,
    concerning its facility located at 3610 West Touhy, in
    the City of Skokie, Cook County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2) American Generator and Armature Company, shall pay the
    sum of six thousand seven hundred dollars ($6,700.00)
    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
    The certified check or money order shall cleanly
    indicate on its face, American Generator and Armature
    Company’s Federal Employer Identification Number or
    Social Security Number and that payment is directed to
    the Environmental Protection Trust Fund
    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) American Generator and Armature Company shall cease and
    desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order. (See also 35 Ill.
    Adju. Code 101.246, Motion for Reconsideration.)
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the aboy. opinion and order was
    adopted on_the //~ day of
    ___________________,
    1994, by a
    vote of
    /—c
    ,
    Clerk
    ~llution Control Board

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