ILLINOIS POLLUTION CONTROL BOARD

May 20,

1993

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

v.

)

 PCB 91—53

(Enforcement)

ENAMELERS AND JAPANNERS,

 INC.

)

an Illinois Corporation,

)

Respondent.

OPINION AND ORDER OF THE BOARD

 (by R.

C.

 Flemal):

This matter comes before the Board upon a complaint filed

March

20,

 1991,

 an amended complaint filed on March

5,

 1992 and

a

second amended complaint filed on December 28,

 1992,

 on behalf

of

the People of the State of Illinois, by and through its attorney,

Roland W. Burns,

 Attorney General of the State of Illinois,

against Enamelers and Japanners,

 Inc.,

 with

 4 separate plants,

all located in Chicago,

 Cook County,

 Illinois.

 The second

amended complaint alleges that Enamelers and Japanners,

 Inc.

at

plants #1 and #2 have violated Section 9(a)

 of the Environmental

Protection Act (“Act”),

 415 ILCS 5/9

 (1992)

 and 35 Ill. Adm.

 Code

215.204(j) (3); plants #1 and #2 violated Section 9(b)

 of the Act,

and

 35 Ill.

 Adm.

 Code 201.144; plant #2 violated Section 9(b)

of

the Act and 35

 Ill.

 Adra.

 Code 201.144; plant

 #3 violated Section

9(b)

 of the Act; Enamelers and Japanners,

 Inc. violated Sections

9(a) and 9(b)

 of the Act, standard condition #11 of the operating

permits, and 35

 111.

 Adm.

 Code 201.144,

 201.302(a),

218.204(j) (3), and 218.211(c) (2).

Pursuant to Section 31(a) (1)

 of the Act,

 a joint Notion

requesting relief from the Act’s hearing requirement was filed by

the parties on March 25,

 1993.

 Notice of the waiver was

published by the Board on April

15,

 1993;

 no objection to grant

of the waiver

was

received.

 Waiver of hearing is granted by the

Board via today’s opinion and order.

A Stipulation and Settlement Agreement was filed by the

parties on March

15,

 1993.

 The Stipulation sets forth facts

pertaining to the nature,

 operations,

 and circumstances

surrounding the claimed violations.

 Enamelers and Japanners,

Inc.,

 admit to past violations

 at plants #1 and #2 violating

Section 9(a)

 of the Environmental Protection Act

 (“Act”), 415

ILCS 5/9

 (1992) and 35 Ill. Adm. Code 215.204(3) (3); plants #1

and #2 violating Section 9(b)

 of the Act,

 and 35 Iii.

 Adm.

 Code

201.144; plant #2 violating Section 9(b)

 of the Act and 35

 Iii.

Adm.

 Code 201.144; plant #3 violating Section 9(b)

 of the Act;

Enamelers and Japanners,

 Inc. violating Sections 9(a) and 9(b)

of

L:.2~Q5O5

2

the Act,

 standard condition #11 of the operating permits,

 and 35

Ill.

 Adm.

 Code 201.144,

 201.302(a),

 218.204(j) (3), and

218.211(c) (2), and agree to pay a civil penalty of Twenty

Thousand Dollars

 ($20,000.00).

 Enamelers and Japanners,

 Inc.

further agrees to cease and desist from the alleged violations.

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 Enamelers and Japanners,

 Inc.,

 concerning

violations at plants

 #1 and

 #2 of Section 9(a)

 of the

Environmental Protection Act

 (“Act”)

 415 ILCS 5/9

(1992)

and

35

 Ill.

 Adm. Code 215.204(j) (3); at plants

#1 and #2

 of 9(b)

 of the Act,

 and 35 Ill. Adm. Code

201.144;

 at plant

#2

 of Section 9(b)

 of the Act and 35

Ill.

 Adni.

 Code 201.144; at plant

 #3 of Section 9(b)

of

the Act;

 by Enamelers and Japanners,

 Inc.

 of Sections

9(a) and 9(b)

 of the Act, standard condition #11 of the

operating permits,

and

35

 Ill.

 Adm. Code 201.144,

201.302(a),

 218.204(j) (3),

 and 218.211(c) (2),

by

Enamelers and Japanners,

 Inc. with

 4 separate plants

located

 in Chicago, Cook County,

 Illinois.

The

Stipulation and Settlement Agreement are incorporated

by reference as though fully set forth herein.

2.

 Enamelers and Japanners,

 Inc.,

 shall pay the sum of

Twenty Thousand Dollars ($20,000.00)

 into the Illinois

Environmental Protection Trust Fund.

 Payment of this

penalty shall be as follows:

a.

 $5,000.00 within thirty

(30)

 days of the date of

this order;

b.

 $5,000.00 within sixty

(60)

 days of entry of the

Board’s order;

c.

 $5,000.00 within ninety

(90)

 days of entry

 of the

Board’s order;

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3

d.

 $5,000.00 within one

hundred and twenty

 (120)

days of entry of the

Board’s order in this

matter.

Each 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 must

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

Enamelers and Japanners,

 Inc.,

 shall also write its

Federal Employer’s Identification Number or Social

Security Number on the certified check or money order.

In the event that Enamelers and Japanners,

Inc.

 fails to comply with any of the terms of

Section X of the Stipulation and Proposal for

Settlement,

 Enamelers and Japanners,

 Inc.

shall pay to the Illinois Environmental

Protection Trust Fund Five Hundred Dollars

($500.00) per violation for each calendar day

or portion thereof of non-compliance until

such time as compliance

 is achieved.

All

payments shall be made by the fifteenth day

of the month following the month during which

 each violation shall have occurred.

Any such penalty not paid within the time prescribed

shall incur interest at the rate set forth in

subsection

(a)

 of Section 5/1003 of the Illinois Income

Tax Act,

 (35 ILCS 5/101 et seq.

 (1992)),

 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.

 Enamelers and Japanners,

 Inc.

 shall cease

 arid desist

from the alleged violations.

Section 41 of the Environmental Protection Act

 (415 ILCS

5/41

 (1992)) provides for appeal of final orders of the Board

within 35 days.

 The rules of the Supreme Court of Illinois

establish filing requirements.

 (But see also 35 Ill. Adm. Code

101.246, Notions for Reconsideration.)

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IT IS SO ORDERED.

Board Member

 J. Theodore Meyer dissented.

I, Dorothy N. Gum,

 Clerk of the Illinois Pollution Control

Board, hereby certi~y that the above opinion and order was

adopted on the

~~?—

 day of

 ~1o—~/

 1993,

by

a

vote of

//

Dorothy N. ,~nn, Clerk

Illinois PoI~utionControl Board

L~.2-O5O3