ILLINOIS POLLUTION CONTROL BOARD
    July 21, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 94—173
    (Enforcement)
    HEALTH 0 METER PRODUCTS, INC,
    )
    a Delaware Corporation,
    )
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a two—count
    complaint filed June 7, 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 Health 0 Meter Products, Inc., a Delaware
    Corporation located in 7400 West 100th Place, in the City of
    Bridgeview, Cook County, Illinois. The complaint alleges that
    Health 0 Meter Products, Inc. has violated Sections 9(a) and 9(b)
    of the Environmental Protection Act (Act), 415 ILCS 5/9(a),
    5/9(b), 35 Ill. Adm. Code Section 215.301 and standard operating
    permit condition No. 2 of its operating permit number 74060111
    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
    June 7, 1994. The Board published a notice of the waiver on June
    10, 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
    June 7, 1994. The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. Health 0 Meter Products, Inc. admits the alleged
    violations and agrees to pay a civil penalty of twelve thousand
    dollars ($12,000.00).
    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.
    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 Health 0 Meter Products, Inc. concerning
    its facility located in 7400 West 100th Place, in the
    City of Bridgeview, Cook County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2) Health 0 Meter Products, Inc. shall pay the sum of
    twelve thousand dollars ($12,000.00) 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, Health 0 Meter Products, Inc.’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) Health 0 Meter Products, Inc. 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.
    3
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above nion and order was
    adopted on the ~Q/~44’day of
    _________________,
    1994, by a
    vote of ~
    .
    ~
    Dorothy M. G9~n,
    ~
    Clerk
    Illinois PolOii.ition Control Board

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