ILLINOIS POLLUTION CONTROL BOARD
June 23, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB 94—149
)
(Enforcement)
CELOTEX CORPORATION,
a Delaware Corporation,
Respondent.
OPINION
AND
ORDER OF THE BOARD:
This matter comes before the Board upon a one—count
complaint filed May 12, 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 Celotex Corporation, a Delaware Corporation
located at 901 South Front Street, in the City of Quincy, Adams
County, Illinois. The complaint alleges that Celotex Corporation
has violated Sections 12(a) and 12(f) of the Illinois Environ-
mental Protection Act (Act), 415 ILCS 5/12(a), 5/12(f), 35 Ill.
Adin.
Code S 309.102(a), and Special Condition 7 of NPDES Permit
No. IL0003247 for improper treatment and disposal of wastewater.
Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
Motion requesting relief from the Act’s hearing requirement on
May 12, 1994. The Board published a Notice of the waiver on May
22, 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
May 12, 1994. The Stipulation sets forth facts relating to the
nature, operations and circumstances surrounding the claimed
violations. Celotex Corporation admits the alleged violations
and agrees to pay a civil penalty of fifteen thousand dollars
($15,000.00).
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
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 Celotex Corporation, concerning its
facility located at 901 South Front Street, in the City
of Quincy, Adams County, Illinois. The Stipulation and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2) The Celotex Corporation, shall pay the sum of fifteen
thousand dollars ($15,000.00) 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 Celotex 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 n~wor 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) Celotex 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.
Adm. Code 101.246, Motion for Reconsideration.)
3
3. Theodore Meyer Concurred.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert~1y0thatthe abov inion and order was
adopted on jthe
c~i
~ day of
_________________,
1994, by a
vote of f~’
.
~
Dorothy M. Gu~’, Clerk
~
~
Illinois Poll~ion Control Board