ILPLJINUSS
‘ULLUT.LUN
CONTROL
hOARD
January 4,
1996
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
)
V.
)
PCB
96—120
)
(Enforcement-Air and Mine)
DEALERS READY MIX COMPANY,
)
d/b/a FRAMS MATERIAL
)
CORPORATION,
a dissolved
)
Illinois corporation,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD:
This matter cones before the Board upon a four—count
complaint filed December
1,
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 Dealers Ready Mix Company, d/b/a Frams Material
Corporation (Dealers),
a dissolved~I1linoiscorporation,
located
at 2018 Lily Lake Road,
Mcflenry, McHenry County.
The complaint
alleges that Dealers has violated Sections 9(a),
12(a),
12(b) of
the Illinois Environmental Protection Act
(Act),
(415 ILCS
5/9(a),
5/12(a), 5/12(b)) and 35 Ill. Adm. Code 201.144,
404.101(a) (2), and 405.110(a), and Rule 502 of the old Chapter
4
of the Board’s Mine Related Pollution Regulations,
4 PCB 573,
583
(May 23,
1972)
by failure to obtain a state mining operating
permit, failure to obtain an air operating permit,
and failure to
notify of mine abandonment.
Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
motion requesting relief from the Act’s hearing requirement on
December 1,
1995.
The Board published a notice of the waiver on
December 6,
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
December 1,
1995.
The Stipulation sets forth facts relating to
the nature, operations and circumstances surrounding the claimed
violations.
Dealers neither admits nor denies the alleged
violations and agrees to pay a civil penalty of five thousand
dollars
($5,000.00).
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.
ORDER
1)
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of
Illinois and Dealers Ready Mix Company, d/bfa Frams
Material Corporation, a dissolved Illinois corporation,
located at 2018 Lily Lake Road,
McHenry, McHenry
County.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2)
Dealers shall pay the sum of five thousand dollars
($5,000.00) within 30 days of the date of this Order.
Such payment shall be made by certified check or money
order payable to the Treasurer of the State of
Illinois, designated to the Environmental Protection
Trust Fund, and shall be sent by First Class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield,
IL 62794—9276
The certified check or money order shall clearly
indicate on its face,
Dealers Federal Employer
Identification Number 362266121 and that payment is
directed to the Environmental Protection Trust Fund.
Any such penalty not paid within the time prescribed
shall incur interest at the rate set forth in
subsection
(a) of Section 1003 of the Illinois Income
Tax Act,
(35 ILCS 5/1003), as now or hereafter amended,
from the date payment is due until the date payment is
received.
Interest shall not accrue during the
pendency of an appeal during which payment of the
penalty ha~been stayed.
3)
Dealers shall cease and desist from the alleged
violations.
IT IS SO ORDERED.
Board Member J. Theodore Meyer dissented.
Section 41 of the Environmental Protection Act
(415 ILCS
3
5/41) provides for the appeal of final Board orders within 35
days of the date of service of this order.
(See also 35 Ill.
Adm. Code 101.246, Motion for Reconsideration.)
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certifl that the abojM) opinion and order was
adopted on the
4CL
day of
~
,
1996,
by a
voteof
6/
.
7/
~
/i~~
Dorothy M.,4unn, Clerk
Illinois Vflllution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BO
DEC -t 1995
STATE OF iWNOIS
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
POLL
nON CONTROL~ARD
Complainant,
v.
)
PCB
96-
/2.D
(Enforcement)
DEALERS
READY
MIX COMPANY,
)
d/b/a FRAMS MATERIAL CORPORATION,
)
a dissolved Illinois corporation,
Respondent.
STIPULATIOILAND
PROPOSAL
FOR
S$TTLEMENT
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
JAMES
E.
RYAN,
Attorney
General
of
the
State
of
Illinois,
on
his
own
motion
and
at
the
request
of
the
Illinois
Environmental
Protection
Agency
(“Agency”)
and
by
GARY
W.
PACK,
State’s
Attorney
of
McHenry
County,
on his own motion,
and Respondent,
DEALERS READY
MIX COMPANY, d/b/a
FRAMS MATERIAL
CORPORATION,
do hereby submit this Stipulation and
Proposal for Settlement.
The parties agree that the statement of
facts contained herein represents a fair summary of the evidence and
testimony which would be introduced by the parties if a full hearing
was held.
The parties fu-rther stipulate that this statement of
facts is made and agreed upon for purposes of settlement only and
that neither the fact that a party has entered into this
Stipulation, or any of the facts stipulated herein, shall be
introduced into evidence in this or any other proceeding except to
enforce the
terms
hereof by the parties to this agreement.
Notwithstanding the previous sentence,
this Stipulation and
Proposal for Settlement and any Pollution Control Board (“Board”)
Order accepting same may be used in any future enforcement action
1
for purposes of Section 42(h) of the Illinois Environmental
Protection
Act
(“Act”),
415
ILCS
5/42(h)
(1994).
The
agreement
shall
be
null
and
void
unless
the
Board
approves
and
disposes
of
this matter on each and every one of the terms and conditions of the
settlement set forth herein.
I.
I1URISDICTIO~4
The Board has jurisdiction of the subject matter herein and of
the parties consenting hereto pursuant to the Act,
415 ILCS 5/1
et
seq.
(1994).
It.
AUTHORIZATION
The undersigned representatives for each party certify that
they are fully authorized by the party whom they represent to enter
into
the
terms
and
conditions
of
this
Stipulation
and
Proposal
for
Settlement
and
to
legally
bind
them
to
it.
III.
A.PPLICABILITY
This Stipulation and Proposal for Settlement shall apply to and
be binding upon the Complainant and Respondent and any officer,
agent,
employee or servant of Respondent,
as well as
the
Respondent’s successors and assigns.
The Respondent shall not raise
as a defense to any enforcement action taken pursuant to this
Settlement the failure of its officers, directors, agents, servants
2
or
employees
to
take
such
action
as
shall
be
required to comply with
the provisions of this Settlement.
Iv.
STATEMENT OP PACTS
1.
The
Agency
is
an
administrative
agency
of
the
State
of
Illinois,
created
pursuant
to
Section
4
of
the
Act,
415
ILCS
5/4
(1994),
and
charged,
inter
alia,
with the
duty
of
enforcing
the
Act.
2.
Frams Material Corporation (“Frams”) was an Illinois
corporation.
On
September
1,
1976,
Prams
merged
with
Dealers
Ready
Mix Company,
an Ilinois corporation.
The surviving corporation was
named Dealers Ready Mix Company (“Dealers”).
3.
In or before 1971,
Frame began its operation at 2018 Lily
Lake Road,
McHenry, McHenry County,
Illinois (“facility”).
4.
Since at least 1971 and continuing until approximately
October,
1988,
Frams’ activity at the facility involved the surface
extraction and processing of natural deposits of sand and gravel
from quarries by the use of a mechanical operation or process.
5.
Notwithstanding the corporate merger between Frams and
Dealers on September 1,
1976, Dealers continued operations at the
facility under the name Prams Material Corporation.
6.
Dealers dissolved on December 30,
1988.
7.
Except for purposes of entering into this settlement,
Respondent denies that it is amenable to suit due to the expiration
of the limitations period as set forth in 805 ILCS 5/12.80
(1994).
8.
Section 402.101 of the Illinois Pollution Control Board’s
(“Board’s”) Mine Related Water Pollution Regulations,
35 Iii. Adm.
3
Code
402.101,
effective
August
7,
1980,
provides the following
definitions:
“Abandon”:
to transfer ownership of or to close
down
mining
activities,
a
mine
or
mine
refuse
area
with
no
intention
by
that
operator
to
reopen
the
affected
land,
A
mine
or
mine
refuse
area
which
has
been
inoperative
for
one
year shall be rebuttably presumed to be
abandoned.
“Mining”:
the
surface
or
underground
extraction or processing of natural deposits of
coal,
clay,
fluorspar,
gravel, lead bearing
ores, peat,
sand,
stone, zinc bearing ores or
other minerals by the use of any mechanical
operation or process.
The term also includes
the recovery or processing of the minerals from
a
mine refuse area.
It does not include
drilling for oil or natural gas.
“Mining Activities”:
all activities on a
facility which are directly in furtherance of
mining,
including activities before,
during and
after mining.
The term does not include land
acquisition,
exploratory drilling, surveying
and similar activities.
The ten includes, but
is not limited to, the following:
a)
Preparation of land for mining
activities;
b)
Construction of mine related
facilities which could generate
refuse,
result in a discharge or
have the potential to cause water
pollution;
c)
Ownership or control of a mine
related facility;
*
*
*
f)
Mining;
g)
Opening
a
mine;
*
*
*
“Operating Permit”:
a state permit required of
a person carrying out mining activities.
4
9.
Section
12
of
the
Act,
415
ILCS
5/12
(1994),
provides,
in
pertinent part, as follows:
No person shall:
a.
Cause or threaten or allow the
discharge
of
any
contaminants
into
the
environment
in
any
State
so
as
to cause or tend to cause water
pollution in Illinois, either alone
or in combination with matter from
other sources, or so as to violate
regulations
or
standards
adopted
by
the Pollution Control Board under
this Act;
b.
Construct,
install,
or operate any
equipment,
facility, vessel,
or
aircraft capable of causing or
contributing to water pollution,
or
designed to prevent water pollution,
of any type designated by Board
regulations,
without a permit
granted by the Agency, orin
violation
of
any
conditions
imposed
by
such
permit;
10.
Section
404.101(a)
of
the
Board’s
Mine
Related
Water
Pollution
Regulations,
35
Ill.
Adm.
Code
404.101(a),
effective
August
7,
1980, provides as follows:
Section 404.101
Construction and Operating
Permits:
State Permits
a)
Except as provided in Sections
404.102 and 404.103, no person
shall:
1)
Prepare land for mining
activities
or
construct
a
mine related facility
which could generate
refuse, result in a
discharge or have the
potential to cause water
pollution without a
construction
permit;
or
5
2)
Carry
out
mining
activities without an
operating permit.
11.
Section 407.103 of the Board’s Mine Related Water
Pollution Regulations,
35 Ill. Adm.
Code 407.103, effective August
7,
1980, provides as follows:
Section 407.103
Expiration of Outstanding
Permits
Compliance with the provisions of this Chapter
is required on the effective date except that
immediate compliance with the permit
requirement of Section 404.101 is not required
of holders of outstanding permits for mines
opened prior to the effective date of this
Subtitle D,
Chapter
I.
For such facilities,
compliance with Section 404.101 is required
upon expiration of the outstanding operating
permit.
Such permits shall expire upon the
occurrence of any of the following conditions,
whichever occurs first:
a)
The lapse of three years after the
effective date of this Chapter; or
b)
The expiration of any NPDES permit
held by the .permittee for the
facility; or
c)
Issuance of a permit for the
facility pursuant to Section 403.102
or 404.101;
or
d)
The lapse of an application period
fixed pursuant to Section 407.102(c)
if an application is not received by
the date given in the notification.
12.
On January 5,
1973,
the Agency issued a mine operating
permit for Respondent’s facility.
This tine operating permit
expired on August
7, 1983.
three years after the effective date of
Chapter 1 of the Board’s Regulations,
35 Ill. Adm.
Code Chapter
1.
6
13.
From approximately August
7,
1983 until October,
1988,
Respondent
carried
out
mining
activities at the facility without an
Agency
operating
permit.
14.
Respondent failed to obtain an Agency operating permit
prior to carrying out mining activities as required by Section 12(b)
of
the
Act
and
35 Iii. Adm. Code 404.101 (a) (2).
15.
Complainant
contends
that
by Respondent’s conduct
described
herein,
Respondent
has
violated
Section
12(b) of the Act,
415
ILCS
5/12(b)
(1994),
and Section 404.101(a) (2)
of the Board’s
Mine Related Water Pollution Regulations,
35 Ill. Adm. Code
404
.
101(a) (2).
Respondent contends that
it neither admits nor
denies violating Section 12(b)
of the Act and a
35
Ill.
Adm.
Code
404.101
(a)
(2).
16.
Section 405.110 of the Board’s Mine Related Water
Pollution Regulations,
35 Iii. Adm.
Code 405.110, provides,
in
pertinent part, as follows:
Section
405.110
Cessation,
Suspension or
Abandonment
a)
A permittee shall notify the Agency
in writing by certified mail within
thirty days of any of the following:
1)
Abandonment; Or
2)
Cessation or suspension of
active mining for thirty
days or more unless caused
by a labor dispute.
e
17.
In October, 1988,
or a date better
known
to Respondent,
Respondent abandoned its facility or ceased operations at the
facility by closing down its mine or mining activities with no
7
Abandonment Plaa for
Existing Permits
The
requirement
of
a
permit
to
abandon
contained in Rule 502 of old Chapter
4,
effective May 23,
1972,
shall continue to apply
to operators of mines opened prior to the
effective date of this Subtitle
ID, Chapter I
until such time as such operator shall have
been issued under this Subtitle D, Chapter I a
valid permit containing an abandonment plan.
Rule
502
of old Chapter
4
of the Board’s Mine Related
Regulations,
4 PCB 573,
583
(May 23,
1972), provides,
in
part,
as follows:
502.
After the effective date of these
Regulations,
if an operator closes
down a mine or mine refuse operation
and its mineable reserves have been
depleted or an operator does not
intend to reopen the operation,
the
operator shall, within one year of
intention to reopen the affected land.
Respondent failed to notify
the Agency of such abandonment or cessation of operations within
thirty days of its abandonment or cessation of operations of the
facility as required by Section
12(a) of the Act and 35
Ill. Adm.
Code 405.110(a).
18.
Complainant contends that by Respondent’s conduct
described herein,
Respondent has violated Section 12(a)
of the Act,
415 IIJCS 5/12(a)
(1994), and Section 405.110(a)
of the Board’s Mine
Related Water Pollution Regulations,
35
Ill. Adm. Code 405.110(a).
Respondent contends that it neither admits or• denies violating
Section 12(a)
of the Act and/or 35 Ill. Adm. Code 405.110(a).
19.
Section 407.104 of the Board’s Mine Related Water
Pollution Regulations,
35
Ill. Adm. Code 407.104, effective August
7,
1980,
provides
as
follows:
Section 407.104
20.
Pollution
pertinent
8
the date of close-down, obtain a
permit to abandon.
*
*
*
21.
Respondent opened its mining facility in 1971.
From
approximately August
7,
1983 to October,
1988,
Respondent failed to
obtain
the
valid
permit
for
its
mine
or
mining
facility
as required
by Subtitle
ID, Chapter I of the Board’s Regulations,
35 Ill. Adm.
Code Subtitle
ID, Chapter
I.
22.
In October,
1988, or a date better known to Respondent,
Respondent abandoned its facility by closing down the mine or mining
activities with no intention to reopen the affected land.
23.
Since May 23,
1972, Respondent was required to have a
permit to abandon its mine under Rule 502 of old Chapter 4 of the
Board’s Mine Related Pollution Regulations,
4
PCB 573,
583 (May 23,
1972)
24.
From approximately October, 1988 up
to
and
including
January
13,
1992,
Respondent
abandoned
its
facility
without
a
permit
to
abandon.
On
January
14,
1992,
the Agency issued to Respondent a
permit
to
abandon
its
facility.
25.
Respondent failed to obtain an Agency permit to
abandon
its facility as required by
Section 12(a)
of the Act and Rule 502 of
old Chapter 4 of the Board’s Mine Related Pollution Regulations.
26.
Complainant contends that by Respondent’s conduct
described herein,
Respondent has violated Section 12(a)
of the Act,
415 ILCS 5/12(a)
(1994), and Rule 502 of old Chapter 4 of the
Board’s Mine Related Pollution Regulations,
4 PC~573,
583
(May 23,
9
1972).
Respondent contends that it neither admits nor denies
violating Section 12(a) of the Act and/or Rule 502.
27.
Section 201.102 of the Board’s Air Pollution Regulations,
35
Ii..
Adm.
Code 201.102, provides the following definitions:
“Emission Source”:
any equipment or fatility
of a type capable of emitting specified air
contaminants to the atmosphere.
“Existing Emission Source”:
any emission
source, the construction or modification of
which has commenced prior to April 14,
1972.
“Specified Air Contaminant”:
any air
contaminant as to which this Subtitle
(B
contains emission standards or other specific
limitations and any contaminant regulated in
Illinois pursuant to Section 9.1 of the Act.
28.
The equipment listed herein emits, or is capable of
emitting, particulate matter,
a specified air contaminant,
to the
atmosphere and,
therefore, constitutes emission sources as that term
is defined in 35
Ill. Adm. Code 201.102, set forth above.
The
equipment listed herein was constructed before April 14,
1972 an~
constitutes existing emission sources as that term is defined in 35
Ill. Adm. Code 201.102.
29.
Section 9(b)
of the Act,
415 ILCS 5/9(b)
(1994), provides
as follows:
No person shall:
*
*
*
b.
Construct,
install,
or operate any
equipment,
facility, vehicle,
vessel,
or aircraft capable of
causing or contributing to air
pollution or designed to prevent air
pollution,
of any type designated by
Board regulations,
without a permit
granted by the Agency,
or in
10
violation of any conditions imposed
by such
permit.
30.
Section 201.144 of the Board’s Air Pollution Regulations,
35
Iii.
Adm.
Code 201.144, provides in pertinent part,
as follows:
Section 201.144
Operating Permits for
Existing Sources
No person shall cause or allow the operation of
any existing emission source or any existing
air pollution control equipment without first
obtaining an operating permit from the agency,
except as provided in Section 201.146.
*
*
*
31.
The
equipment
listed
herein
must
have
an
Agency
operating
permit because
it constitutes emission sources and is not exempt
pursuant to 35
Ill.
Adm.
Code 201.146.
32.
From at least
June
1,
1973 until October,
1988,
Respondent operated the equipment listed herein at the facility
without the required Agency permit.
33.
Complainant contends that by Respondent’s conduct
described herein,
Respondent violated Section 9(b)
of the Act, 415
ILCS 5/9(b)
(1994), and Section 201.144 of the Board’s Air Pollution
Regulations,
35
Il..
Adm. Code 201.144.
Respondent contends that it
neither admits nor denies violating Section 9(b)
of the Act and/or
35 Ill. Adm.
Code 201.144.
V.
EXPLANATXON OF
PAST
FAILURES TO COMPLY WITh ThE ACT
1.
On August 22,
1988,
the Agency conducted an inspection of
Respondent’s facility during which the Agency inspector discovered
‘I
that Respondent’s mining activities involved ~
the operation of air
emission
sources
without
air operating permits.
2.
On September
1,
1988,
the Agency mailed to Respondent a
compliance inquiry letter (“CIL”) for its facility explaining the
air permit violations alleged herein.
3.
On September
8,
1988,
Respondent responded to the CIL by
requesting the Agency to excuse the facility from filing for the air
operating
permit
because
Respondent
was preparing to permanently
cease production on or about October 21,
1988, and after November,
1988,
it planned to only load out stockpiled materials and perform
site work.
4.
On July
iS,
1990,
the Agency mailed Respondent a letter
to address the abandonment of Respondent’s facility and to
request
for an abandonment plan.
5.
On December 9,
1991,
the Agency received from Respondent
an application for permit to abandon the facility and an abandonment
plan.
6.
On January 14,
1992,
the Agency issued Respondent a
permit to abandon the facility.
7.
On August 20,
1992,
the Agency
inspected the facility and
found that the abandonment plan had been completed pursuant to the
Board’s Mine Related Water Pollution Regulations and that no further
action was required.
12
VI.
CONSIDER.ATION OF SEC~’ION33(p)
FACTORS
Section
33(c)
of the Act,
415 ILCS 5/33(c)
(1994), provides as
follows:
In making its orders and determinations, the
Board shall take into consideration all the
facts and circumstances bearing upon the
reasonableness of the emissions,
discharges, or
deposits
involved
including,
but
not
limited
to:
1.
The character and degree of injury
to, or interference with,
the
protection of the health, general
welfare and physical property of the
people;
2.
The social and economic value of the
pollution source;
3.
The suitability or unsuitability of
the pollution source to the area in
which it is located, including the
question of priority of location in
the area involved;
4.
The technical practicability and
economic reasonableness of reducing
or eliminating the emissions,
discharges or deposits resulting
from such pollution source;
and
5.
Any
subsequent compliance.
In response to these factors, the Complainant states as
follows:
1.
The impact to the public resulting from Respondent’s
noncompliance was that the Agency and the public were not privy to
information that is important to the control of air pollution and
mine related water pollution in Illinois.
The permit process is the
only method available to the state to identify possible mine related
water pollution and air pollution sources and their control;
13
2.
The parties agree that Respondent’s facility was of
social and economic benefit;
3.
The suitability of Respondent’s property to
the
area in
which it was located is not an issue in these proceedings.
4.
Complying with the requirements of the Act and the
Board’s Regulations was both technically practicable and
economically reasonable; and
5.
Respondent did subsequently comply with the Board’s Mine
Related Water Pollution Regulations pertaining to the abandonment of
the facility by obtaining the necessary permit to abandon.
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h)
of the Act, 415 ILCS 5/42(h)
(1994), provides as
follows:
In determining the appropriate civil penalty to
be imposed under
.
.
this Section, the Board
is authorized to consider any matters of record
in mitigation or aggravation of penalty,
including but not limited to the following
factors:
1.
the duration and gravity of the
violation;
2.
the presence or absence of the due
diligence on the part of the
violation in attempting to comply
with, requirements
oe this Act and
regulations thereunder or to secure
relief therefrom as provided by this
Act;
3.
any economic benefits accrued by the
violation because of delay in
compliance with requirements;
14
4.
the amount of monetary penalty which
will serve to deter further
violations by the violator and to
otherwise aid in enhancing voluntary
compliance with this Act by the
violator and other persons similarly
subject to the Act; and
5.
the number, proximity in time,
and
gravity of previously adjudicated
violations of this Act by the
violator.
In response to these factors, the Complainant states as
follows:
1.
The duration of the abandonment permit violation was
approximately four years;
2.
Respondent applied for and received Agency permit #1992-
MD-4496 to abandon its facility;
3.
Respondent did accrue some economic benefit by avoiding
cost of annual permit fees;
4.
Complainant has determined that a Five Thousand Dollar
($5,000.00) payment will serve to deter further violations and aid
in future voluntary enforcement of the Act and Board Regulations;
and
5.
Respondent has no previously adjudicated violations of
the
Act.
VIII.
TERMS
OP
SETTLEMENT
1.
Respondent reserves its rights and defenses regarding
liability or responsibility in
any
subsequent
proceeding regarding
this
facility,
other
than
Dispute
Resolution proceedings or
15
proceedings to enforce this Stipulation and Proposal
for Settlement.
Respondent does not, by signing this Stipulation,
waive any right or
defense it may have under Section 12.80 of the Business Corporation
Act of
1983,
805 ILCS 5/12.80
(1994)
.
Nothing in this Stipulation
shall prohibit its use by the Parties hereto to establish the
existence and terms of this Stipulation or to enforce it.
2.
Respondent neither admits nor denies to past violations
of
the
Act
and
the Board’s Regulations, specifically Sections 12(a)
and
(b) of the Act,
415 ILCS 5/12(a)
and
(b)
(1994),
35
Ill.
Adrn.
Code 404.101(a) (2), 35 Ill.
Adm.
Code 405.110(a),
Rule 502 of old
chapter 4 of the Board’s Mine Related POllution Regulations,
4 PCB
573,
583
(May 23,
1972), Section 9(b)
of the Act,
415 ILCS 5/9(b)
(1994),
and
35
Il..
Adm.
code
201.144.
3.
Respondent
shall make a payment of Five Thousand Dollars
($5,000.00) by certified check or money order made payable to the
Treasurer of the State of Illinois and designated to the
Environmental Protection Trust Fund.
Payment shall be made on the
day this Stipulation and Proposal for Settlement
is filed 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
On
the
check or money order Respondent shall include the case name
and number, and Respondent’s Federal Employer Identification Number
(“FEIN”)
362266121.
4.
Pursuant to Section 42(g)
of the Act, 415 ILCS 5/42(g)
(1994),
interest shall accrue on any amount not paid within the time
16
prescribed herein, at the maximum rate allowable under Section
1003 (a)
of
the
Illinois
Income
Tax
Act,
35 ILCS 5/1003 (a)
(1994).
a.
Interest
on
unpaid amounts shall begin to accrue
from the date the payment is due and continue to accrue to the date
payment is received.
b.
Where partial payment is made on any payment amount
that is due, such partial payment shall be first applied to any
interest on unpaid amount then owing.
c.
All interest on amounts owed the Complainant,
shall
be paid by certified check payable to the Treasurer of the State of
Illinois for deposit in
t:he Environmental Protection Trust Fund and
delivered to;
Illinois Environmental Protection Agency
Fiscal Services
Division
2200 Churchill Road
P.O. Box 19276
Springfield,
IL
62794-9276
The name and number of the case and Respondent’s FEIN shall appear
on the face of the check.
Respondent’s FEIN is 362266121.
Ix.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement in no way affects
Respondent’s responsibility to comply with any federal, state or
local regulations,
including,
but not limited to, the Act, 415 ILCS
5/.
et seq.
(1994), the Board’s Mine Related
Water
Pollution
Regulations and Air Pollution Regulations, and the McHenry County
Zoning Ordinance.
17
x.
RELEASE PROMlIABILITY
In
consideration
of
Respondent’s
payment
of
Five
Thousand
Dollar
($5,000.00),
the State shall release, waive and discharge
Respondent, its former shareholders, directors,
officers,
successors
and heirs from any further liability or penalties from violations of
the Act which were the subject matter of the complaint,
upon receipt
by Complainant of all payments required in Section VIII.3 of this
Stipulation and Proposal for Settlement.
WHEREFORE,
Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation and Proposal for
Settlement as written.
AGREED:
FOR THE
COMPLAINANT:
PEOPLE OF THE STATE OF ILLINOIS
JAMES
E.
RYAN
Attorney General
State of Illinois
MATTHEW J. DUNN,
Chief
Environmental Enforcement Division
BY!
1~ø~
WILLIAM D. SEITH, Chief
Environmental Bureau
Assistant Attorney General
Dated:
I
I/~
I’1’~’~’
FOR
THE RESPONDENT:
DEALERS
READY MIX COMPANY,
d/b/a
FR.PIMS MATERIAL
CORPORATION
L. SR
/
not individually
but
on behalf of
Dealers Ready Mix,
d/b/a Frame Material
Corporation,
a
dissolved corporation
Dated:
____________
18
GARY W.
PACK
State’s
Attorney
of
McRenry
County
BY:
GARY
W. PACK
State’s
Attorney
of
McHenry County
II
~
DATED:
ii~
Ut
ILLINOIS
ENVIRONMENTAL
PROT
ON AGENCY
BY:
Dated:
it/i
~‘/~
1~
C:
\mrst5h
19
