ILLINOIS POLLUTION CONTROL BOARD
August 11, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
v.
)
PCB 94—190
(Enforcement)
BEST FOAN FABRICATORS,
)
an Illinois Corporation,
Respondent.
OPINION
AND
ORDER OF THE BOARD:
This matter comes before the Board upon a one—count
complaint filed June 30, 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 Best Foam Fabricators, an Illinois Corporation
located at 9633 South Cottage Grove Avenue, in the City of
Chicago, Cook County, Illinois. The complaint alleges that Best
Foam Fabricators has violated Section 25b-2 of the Illinois Envi-
ronmental Protection Act (Act) (415 ILCS 5/25b-2) pertaining to
toxic chemical release reporting requirements.
Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
Motion requesting relief from the Act’s hearing requirement on
June 30, 1994. The Board published a notice of the waiver on
July 8, 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 30, 1994. The Stipulation sets forth facts relating to the
nature, operations and circumstances surrounding the claimed
violations. Best Foam Fabricators admits the alleged violations
and agrees to pay a civil penalty of two thousand five hundred
fifty dollars ($2,550.00).
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 Best Foam Fabricators, concerning its
facility located at 9633 South Cottage Grove Avenue, in
the City of Chicago, Cook County, Illinois. The
Stipulation and Settlement Agreement are incorporated
by reference as though fully set forth herein.
2) Best Foam Fabricators, shall pay the sum of two
thousand five hundred fifty dollars ($2,550.00) 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 Best Foam Fabricators’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) Best Foam Fabricators 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 N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above opinion and order was
adopted on the
/7~~-
day of
__________________,
1994, by a
voteof~~
.
Dorothy M. ~inn,
A
Clerk
Illinois P~lution Control Board