ILLINOIS POLLUTION CONTROL BOARD
    November 16, 1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 96-80
    )
    (Enforcement-Air)
    BEHR PRECIOUS METALS, INC., )
    an Illinois corporation,
    )
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a one-count
    complaint filed October 13, 1995, by the Attorney General of the
    State of Illinois, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois,
    against Behr Precious Metals, Inc. (Behr), an Illinois
    corporation, located at 1100 Seminary Street, Rockford, Winnebago
    County, Illinois. The complaint alleges that Behr has violated
    Sections 9(a) and 9(b) of the Illinois Environmental Protection
    Act (Act), 415 ILCS 5/9(a), 5/9(b) and 35 Ill. Adm. Code 201.142
    and 201.143 by constructing and operating its metal recovery
    incinerator without the proper permits since 1982.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint
    motion requesting relief from the Act's hearing requirement on
    October 13, 1995. The Board published a notice of the waiver on
    October 18, 1995; no objection to the granting of the waiver was
    received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    October 13, 1995. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Behr admits the alleged violations and agrees to pay
    a civil penalty of ten thousand dollars ($10,000.00).
    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 Behr Precious Metals, Inc., an Illinois
    corporation, located at 1100 Seminary Street, Rockford,
    Winnebago County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) Within sixty (60) days of the entry of the stipulation,
    Behr shall submit to the Agency a complete operating
    permit application. Such permit application shall
    include any and all relevant information regarding the
    incinerator at the facility as specified by 35 Ill.
    Adm. Code 201.157.
    3) If Behr does not have an operating permit for the
    incinerator within 120 days of the date it submits the
    operating permit application for the incinerator to the
    Agency, Behr shall cease operation of the incinerator
    until such time as respondent obtains Agency permitting
    authorization to operate the incinerator.
    4) Behr shall pay a civil penalty of ten thousand dollars
    ($10,000.00) 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 Behr's Federal Employer
    Identification Number 36-0787260 and that payment is
    directed to the Environmental Protection Trust Fund.
    A copy of the payment check shall be sent to:
    Zemeheret Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    100 W. Randolph St., 12th Floor
    Chicago, Illinois 60601
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    3
    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.
    5) Behr shall pay an additional stipulated penalty of one
    hundred dollars (100.00) per day for each calendar day
    or portion thereof that Respondent continues to operate
    without Agency permitting authorization after the
    expiration of the 120 days described in Section XI,
    paragraph 3, herein.
    6) Behr shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    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 M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    day of
    , 1995, by a
    vote of
    .
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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