ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    PCB 94—221
    (Enforcement)
    HARPER OIL
    COMPANY,
    )
    an Illinois Corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by CA. Manning):
    This matter comes before the Board upon a one—count
    complaint filed August 12, 1994, by Roland W. Burns, Attorney
    General of the State of Illinois, on behalf of the Illinois
    Environmental Protection Agency (Agency) and the People of the
    State of Illinois, against Harper Oil Company (Harper), an
    Illinois Corporation located at 1101 Banker Street, in the City
    of Effingham, Effingham County, Illinois. The complaint alleges
    that Harper has violated 35 Ill. Adm. Code § 731.163(b) for
    failure to properly notify the Agency of a release from a
    underground storage tank system.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    October 14, 1994. The Board published a Notice of the waiver on
    October 21, 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
    October 14, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Harper neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of five thousand
    five hundred dollars ($5,500.00).
    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 Harper, concerning its facility located in
    1101 Banker Street, in the City of Effingham,
    Effingham County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) The Harper, shall pay the sum of five thousand five
    hundred dollars ($5,500.00) 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
    A copy of the payment transmittal and check shall be
    simultaneously submitted to:
    Environmental Control Division
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, IL 62706
    The certified check or money order shall clearly
    indicate on its face, the Harper’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) Harper shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    3
    Board Member 1. Theodore Meyer concurred.
    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.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the /4-~ day of
    ___________________,
    1994, by a
    vote of
    7--o
    Control Board

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