ILLINOIS POLLUTION CONTROL BOARD
June 1,
1995
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
V.
)
PCB
95—139
(Enforcement-Air)
MBL
(USA)
CORPORATION,
an Illinois corporation,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD:
This matter comes before the Board upon a two—count
complaint filed Nay
3,
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 MBL
(USA)
Corporation
(MBL), an Illinois corporation located at 601 Dayton
Road, Ottawa, LaSalle County, Illinois.
The complaint alleges
that
MBL
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.
Adin.
Code 201.142 and 201.143 by constructing and
operating emission sources without the proper permits.
Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
motion requesting relief from the Act’s hearing requirement on
May 3,
1995.
The Board published a notice of the waiver on Nay
8,
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
May 3,
1995.
The Stipulation sets forth facts relating to the
nature, operations and circumstances surrounding the claimed
violations.
MBL admits the alleged violations and agrees to pay
a civil penalty of fifteen thousand dollars
($15,000.00).
The Board finds the settlement agreement acceptable under 35
Ill.
Admu. 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 MBL, an Illinois corporation located at
601 Dayton Road, Ottawa, LaSalle County,
Illinois.
The
Stipulation and Settlement Agreement are incorporated
by reference as though fully set forth herein.
2)
MBL
shall pay a civil penalty of fifteen thousand
dollars ($15,000.00) 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, MBL’s Federal Employer
Identification 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)
MBL shall cease and desist from the alleged violations.
IT IS SO ORDERED.
Board Member
3.
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.)
3
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above
inion and order was
adopted on the
/-‘~
day of
_________________,
1995, by a
vote of
7-O
•
At,
Dorothy N. 9(~n,Clerk
Illinois Pc34ution Control Board