ILLINOIS POLLUTION CONTROL BOARD
    March 31, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 94—73
    (Enforcement)
    K N I CORPORATION, a
    )
    New York Corporation
    )
    and KNOMARK, INC.
    a Delaware Corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a Three-count
    complaint filed February 24, 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 K N I Corporation, a New York Corporation and
    Knomark, Inc., a Delaware corporation located at Jingle Bell
    Lane, in the City of Aurora, Kane County, Illinois. The com-
    plaint alleges that K N I Corporation and Knomark, Inc. have
    violated Sections 9(a) and 9(b) of the Illinois Environmental
    Protection Act (Act), 415 ILCS 5/9(a), 5/9(b) and 35 Ill. Adm.
    Code §S 201.141, 201.142, and 201.143, for operating and
    constructing emission sources without the proper permits.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    February 24, 1994. The Board published a Notice of the waiver on
    February 26, 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
    February 24, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. K N I Corporation and Knomark, Inc. deny the alleged
    violations and agree to pay a civil penalty of Ten thousand
    dollars ($10, 000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Athn. 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.
    2
    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 K N I Corporation and Knomark, Inc.,
    concerning its facility located in Kane County,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) The K N I Corporation and Knomark, Inc., 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
    A copyElizabethof the checkWallaceshall be sent to:1
    Assistant Attorney General
    Environmental Control Division
    Assistant Attorney General
    100 W. Randolph St., 12th Fl.
    Chicago, Ii. 60601
    The certified check or money order shall clearly
    indicate on its face, the K N I Corporation and
    Knomark, 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
    ‘Condition of Stipulation
    3
    received. Interest shall not accrue during the
    pendency of an appeal during which payment of the
    penalty has been stayed.
    3) K N I Corporation and Knomark, Inc. shall cease and
    desist from the alleged violations.
    IT IS SO ORDERED.
    3.
    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.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy N. 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 ,5-C
    .
    Thorothy M. p~1nn, Clerk
    Illinois Po~4utionControl Board

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