ILLINOIS POLLUTION CONTROL BOARD
    December 14, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 94—325
    )
    (Enforcement)
    PIERCE AND STEVENS CORPORATION,
    )
    a New York corporation,
    )
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed November 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 Pierce and Stevens Corporation, a New York
    corporation located at 245 E. Kehoe Boulevard, in the City of
    Carol Stream, DuPage County, Illinois. The complaint alleges
    that Pierce and Stevens Corporation by operating without a permit
    has violated Section 9(b) of the Environmental Protection Act
    (Act), (415 ILCS 5/9(b) (1992)), 35 Ill. Adm. Code 201.143.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    November 7, 1994. The Board published a notice of the waiver on
    November 14, 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
    November 7, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Pierce and Stevens Corporation neither admits nor
    denies the alleged violations and agrees to pay a civil penalty
    of six thousand dollars ($6,000.00).
    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 Pierce and Stevens Corporation, concerning
    its facility located at 245 E. Kehoe Boulevard, in the
    City of Carol Stream, DuPage County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2) Pierce and Stevens Corporation, shall pay the sum of
    six thousand dollars ($6,000.00) 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, Pierce and Stevens 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) Pierce and Stevens 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
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on ,the /‘~day of
    ~
    ,
    1994, by a
    vote of (~~—C
    •
    Dorothy M.,4unn, Clerk
    Illinois P~o1lutionControl Board

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