ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—310
    (Enforcement)
    CENTRAL ILLINOIS
    )
    PUBLIC SERVICE, an Illinois
    )
    Corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed October 28, 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 Central Illinois Public Service, an Illinois
    corporation located in the City of Newton, Jasper County,
    Illinois. The complaint alleges that Central Illinois Public
    Service has violated Sections 9(b) and 9.1(d) of the Illinois
    Environmental Protection Act (Act), 415 ILCS 5/9(b), 5/9.1(d)
    and 40 C.F.R. 60.13(e), 60
    •
    45(a) and the operating permit number
    83020010 by failing to continuously operate the continuous
    emissions monitoring systems for the Unit #2 steam generator.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    October 28, 1994. The Board published a notice of the waiver of
    hearing on November 3, 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
    October 28, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Central Illinois Public Service admits the alleged
    violations and agrees to pay a civil penalty of ten thousand
    dollars ($10,000.00).
    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
    2
    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 Central Illinois Public Service concerning
    its facility located in the City of Newton, Jasper
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) Central Illinois Public Service, shall pay the sum of
    ten thousand dollars ($10,000.00) 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 clearly
    indicate on its face, Central Illinois Public Service’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) Central Illinois Public Service shall utilize and
    complete the unit #2 CEM Shift Systems Operator during
    each Unit #2 operating shift. Each checklist shall be
    reviewed, signed and dated by the shift supervisor and
    environmental coordinator at the facility.
    4) Central Illinois Public Service shall implement a
    training program for all new shift supervisors and unit
    operators. The training program will utilize the
    continuous emissions monitoring system training
    booklet, and will instruct these new employees
    3
    regarding the proper recordiceeping and reporting
    procedures for the continuous emissions monitoring
    systems at the facility.
    5) Central Illinois Public Service shall train the
    rotating shift chemists (FGD chemists) as to the proper
    procedures for reading the continuous emissions
    monitoring system one time during their shift.
    6) Central Illinois Public Service shall install and
    maintain a monitor in the main control room for use by
    the unit operators in monitoring the performance of the
    Unit #2 continuous emissions monitoring systems.
    7) By January 1, 1995, Central Illinois Public Service
    will install a working alarm system for the Unit #2
    continuous emissions monitoring systems at the
    facility.
    8) Central Illinois Public Service 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.
    Adin. 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
    /~
    day of
    ~
    ,
    1994, by a
    vote of
    7—c)
    .
    -
    Dorothy M./~unn, Clerk
    Illinois ~c/llution Control Board

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