ILLINOIS POLLUTION CONTROL BOARD
June 2, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 94—141
)
(Enforcement)
PARKER HANNIFIN CORPORATION,
)
an Ohio Corporation,
)
)
)
Respondent.
)
OPINION
AND ORDER
OF THE
BOARD:
This matter comes before the Board upon a Five—count complaint
filed April 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
Parker Hannifin Corporation, an Ohio Corporation located in 1051
Davis Road, in the City of Elgin, Kane County, Illinois. The com-
plaint alleges that Parker Hannifin Corporation has 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
SS
201.141,
201.142 and 201.143 for discharging odorous emissions into the
environment causing air pollution, operating and constructing
emission sources and pollution control equipment 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
April 28, 1994. The Board published a Notice of the waiver on May
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
April 28, 1994. The Stipulation sets forth facts relating to the
nature, operations and circumstances surrounding the claimed
violations. Parker Hannif in Corporation admits the alleged
violations and agrees to pay a civil penalty of twenty thousand
dollars ($20,000.00).
The Board finds the settlement agreement acceptable under 35
Ill.
Adin.
Code 103.180. This settlement agreement in no way
affects respondent’s responsibility to comply with any federal,
state or local regulations, inc1uding 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 Parker Hannifin Corporation, 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 Parker Hannifin Corporation, shall pay the sum of
twenty thousand dollars ($20,000.00) 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 cleanly indicate
on its face, the Parker Hannifin Corporation’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) Parker Hannifin Corporation shall cease and desist from
the alleged violations.
IT IS SO ORDERED.
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. Adrn.
Code
101. 246, Mot ion t or
Reconsideration.)
3
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that above opinion and order was adopted
o the
~
day of
_________________,
1994, by a vote of
Dorothy H. G n, Clerk
Illinois P0 1 tion Control Board