ILLINOIS POLLUTION CONTROL BOARD
    February 17, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    V.
    )
    PCB 94—39
    (Enforcement)
    TOP DISPOSAL SERVICE, INC.,
    )
    an Illinois Corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER
    OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a four—count complaint
    filed January 18, 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
    Top Disposal Service Inc. (Top Disposal), an Illinois Corporation
    located at 2600 South Damen Avenue, Chicago, Cook County, Illinois.
    The complaint alleges that Top Disposal has violated Sections 9(a),
    9(c), 21(a), 21(d) and 21(e) of the Environmental Protection Act
    (Act), 415 ILCS 5/9(a), 5/9(c), 5/21(a), 5/21(d) and 5/21(e), and
    35 Iii. Adm. Code SS 201.141, 237.102(a), 807.201 and 807.202 for
    burning plastics at its storage yard located at 900 North Branch
    Street, Chicago, Illinois.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    January 18, 1994. The Board published a Notice of the waiver on
    January 21, 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
    January 18, 1994. The stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. Top Disposal denies the alleged violations and agrees
    to pay a civil penalty of four thousand dollars ($4, 000.00).
    The Board finds the stipulation and 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 Top Disposal Service, Inc., concerning its facility
    located at 900 North Branch Street, Chicago, Illinois.
    The stipulation and settlement agreement are incorporated
    by reference as though fully set forth herein.
    2) Top Disposal Service, Inc., shall pay the sum of four
    thousand dollars ($4,000.00) 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, Top Disposal Service, Inc. 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) Top Disposal Service, Inc. shall not conduct any open
    burning, waste—disposal, and/or waste—treatment anywhere
    in the State of Illinois, except as permitted by the Act
    and the Board’s regulations.
    4) Top Disposal Service, Inc. shall cease and desist from
    future violations of the Act and Board regulations.
    IT IS SO ORDERED.
    J. Theodore Meyer Concurred.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41)
    3
    provides for the appeal of final Board orders within 35 days of the
    date of service of this order. (See also 35 Ill. Adm. Code
    101.246, Motion for Reconsideration.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereb certify tha he above opinion and order was adopted
    on the /
    day of
    _________________,
    1994, by a vote
    of
    _______.
    (7
    /‘~
    Dorothy N. G~X~1in,Clerk
    Illinois Po.~ution Control Board

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