ILLINOIS POLLUTION CONTROL BOARD
    August 11, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    PCB 94—187
    v.
    )
    (Enforcement)
    HI GRADE ALLOY
    )
    CORPORATION,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    This matter comes before the Board upon a one—count
    complaint filed June 27, 1994, by Roland W. Burns, Attorney
    General of the State on Illinois, on behalf of the Illinois
    Environmental Protection Agency and the People of the State of
    Illinois against Hi Grade Alloy Corporation (Hi Grade), an
    Illinois Corporation located at 17425 South Laflin Avenue, East
    Hazel Crest, Illinois. The complaint alleges that Hi Grade has
    violated Section 25b—2 of the Illinois Environmental Protection
    Act (Act) (415 ILCS 5/25b-2), pertaining to toxic chemical
    release reporting requirements.
    On June 27, 1994, the parties to this action filed a
    Stipulation and Proposal for Settlement, and a request for relief
    from the requirements of 31(a) (1) that all proposed stipulated
    settlements be presented at public hearing. (415 ILCS 5/31(a) (1)
    (1992).) As required by Section 31(a)(2) of the Act, the Board
    issued an order directing the Clerk of the Board to publish
    notice of the stipulation, proposal, and request for relief.
    Accordingly, the Clerk caused publication of the required notice
    on July 3, 1994. Pursuant to Section 31(a)(2), the notice
    included a statement that any person could request a hearing
    within 21 days of receiving notice.
    On July 7, 1994, the Board received a request for a public
    hearing in this matter from Thomas A. Brown, President of the
    Village of East Hazel Crest (Village). Therefore, on July 21,
    1994 the request for relief from the requirements of hearing was
    denied, and the matter was accepted for hearing.
    On July 28, 1994, the Village filed a motion withdrawing its
    request for hearing. Since no other requests for public hearing
    have been received, and since the time for requesting a hearing
    has passed, waiver of hearing is hereby granted.
    The Stipulation and Settlement Agreement sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. Hi Grade admits the alleged violations
    2
    and agrees to pay a civil penalty of $2,100.00.
    The Board finds the settlement agreement acceptable under 35
    Ill. Adm. Code 103.180. This settlement agreement in no way
    affects Hi Grade’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.
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Hi Grade Alloy Corporation, concerning its
    facility located at 17425 South Laflin Avenue, East
    Hazel Crest, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) Mi Grade Alloy Corporation shall pay the sum of two
    thousand one hundred dollars ($2,100.00) 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 Hi Grade Alloy 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
    3) Hi Grade Alloy Corporation shall cease and desist from
    the alleged violations.
    J. Theodore Meyer concurred.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for the appeal of final Board orders within
    35 days of the date of service of this order. The Rules of the
    Supreme Court of Illinois establish filing requirements. (See
    also 35 Ill. Adin. Code 101.246. “Motions for Reconsideration”.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify that the above order was adopted on the
    ______
    day of
    _______________,
    1994, by a vote of
    _________
    Dorothy M. Gu,3~h,
    A
    Clerk
    Illinois Pol&tion Control Board

    Back to top