ILLINOIS POLLUTION CONTROL BOARD
    May 21, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DOUGLAS FURNITURE OF
    CALIFORNIA, INC., a California
    corporation,
    Respondent.
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    PCB 97-133
    (Enforcement - EPCRA)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a one-count complaint filed February 7,
    1997, by the Attorney General of the State of Illinois, on behalf of the People of the State of
    Illinois, against Douglas Furniture of California, Inc. (Douglas), a California corporation,
    formerly located at 5020 West 73rd Street, Bedford Park, Cook County, Illinois. The
    complaint alleges that Douglas violated Section 25-2(a) of the Environmental Protection Act
    (Act) (415 ILCS 5/25-2(a) (1996)) by failing to timely submit a toxic chemical release form.
    On April 17, 1998, the parties filed a stipulation and settlement agreement, and a joint
    motion requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
    settlement agreements be presented at hearing. 415 ILCS 5/31(c)(2) (1996). The Board
    published a notice of the request for waiver of hearing on April 21, 1998. No objection to the
    granting of the waiver was received. Accordingly, the Board grants a waiver from the hearing
    requirement.
    The stipulation and settlement agreement sets forth facts relating to the nature,
    operations, and circumstances surrounding the claimed violations. Douglas denies the alleged
    violation but agrees to pay a civil penalty of $43,000.
    The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
    Code 103.180. This settlement agreement in no way affects Douglas’ responsibility to comply
    with any federal, State, or local regulations including, but not limited to, the Act and the
    Board’s 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 Douglas Furniture of California, Inc., a
    California corporation, formerly located at 5020 West 73rd Street, Bedford
    Park, Cook County, Illinois. The stipulation and settlement agreement is
    incorporated by reference as though fully set forth herein.
    2.
    Douglas shall pay the sum of $43,000 within 30 days of the date of this order,
    on or before June 20, 1998. Such payment shall be made by certified check or
    money order payable to the Treasurer of the State of Illinois, designated to
    Environmental Protection Permit and Inspection Fund and shall be sent by first
    class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    The certified check or money order shall clearly indicate on it Douglas’ federal
    employer identification number 95-2158774 and that payment is directed to the
    Environmental Protection Permit and Inspection Fund.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in Section 1003(a) of the Illinois Income Tax Act, (35 ILCS
    5/1003 (1996)), 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.
    Douglas shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 21st day of May 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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