ILLINOIS POLLUTION CONTROL
    BOARD
    June 23, 1994
    PEOPLE OF
    THE
    STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 94—96
    (Enforcement)
    Mu, INC.,
    a Delaware Corporation,
    Respondent.
    OPINION
    AND ORDER
    OF
    THE
    BOARD:
    This
    matter comes before the Board upon a two—count
    complaint filed March 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 MII, Inc., a Delaware Corporation located at
    2200 West Fifth Street Road, in the City of Lincoln, Logan
    County, Illinois. The complaint alleges that MII, Inc. has
    violated Section 9(b) of the Illinois Environmental Protection
    Act (Act), 415 ILCS 5/9(b) and 35 Ill. Adm. Code SS 201.144,
    201.142 and 201.143 for operating and constructing emission
    sources without the proper permits.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    March 24, 1994. The Board published a notice of the waiver on
    March 28, 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
    March 24, 1994. The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. MII, Inc. admits the alleged violations and agrees
    to pay a civil penalty of six thousand dollars ($6,000.00).
    The Board finds the settlement agreement acceptable under 35
    13.1. 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 Mu, Inc., concerning its facility located
    at 2200 West Fifth Street Road, in the City of Lincoln,
    Logan County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) The MII, Inc., shall pay the sum of six thousand
    dollars ($6,000.00) 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, the Mu, Inc.’s Federal Employer
    Identification Number or Social Security Number and
    that payment is directed to the Environmental
    Protection Trust Fund. A copy of the payment
    transmittal and check shall be simultaneously submitted
    to:
    Illinois Attorney General’s Office
    Environmental Control Division
    500 South Second Street
    Springfield, Il. 62706
    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) Mu, Inc. shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    3
    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.)
    J. Theodore Meyer Concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certiy_that the abov pinion and order was
    adopted on the
    ~ ~-
    day of
    ___________________,
    1994, by a
    voteof &~~2
    Dorothy N. Gu)4~, Clerk
    Illinois PolX~.j~ionControl Board

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