ILLiNOIS POLLUTION CONTROL BOARD
    April
    iS,
    1996
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 95-175
    )
    (Enforcement
    -.
    Air)
    POLYMER COLOR, iNC.,
    an Illinois
    )
    corporation,
    )
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD (by J.
    Theodore Meyer):
    This matter comes before the Board upon a three-count complaint flied June 20,
    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 Polymer Color, Inc. (Polymer)
    which had been located at 740 B Industrial Drive, Cary, McHenry County, Illinois from January
    1984 until December
    1991.
    From May
    1991
    until the present, Polymer has been located at
    1515
    Miller Parkway, McHenry, McHenry County,
    Illinois.
    The complaint alleges
    that Polymer has
    violated Sections 9(a) and 9(b) of the Illinois Environmental Protection
    Act (Act),
    (415 ILCS
    5/9(a),
    9(b) (1994)) and
    35
    111. Adm.
    Code 201.141,
    35
    111.
    Adm.
    Code 201.142 and
    35
    ifi.
    Adm.
    Code 201.143 by constructing and operating emission
    sources without the proper
    permits.
    Pursuant to 415 ILCS
    5/31
    (a)(2), the parties filed ajoint motion requesting relief from
    the Act’s
    hearing requirement on March 15,1996.
    The Board published a notice of the waiver
    on March 20,
    1996;
    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
    March
    15,
    1996.
    The
    Stipulation sets forth
    facts relating to the nature, operations,
    and circumstances surrounding the
    claimed violations.
    Polymer neither admits nor denies the alleged violations
    and agrees to pay a
    civil penalty of eighteen thousand dollars
    ($18,000.00).
    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 ofthe State of Illinois and Polymer Color, Inc.,
    an
    Illinois
    corporation located at
    1515
    Miller Parkway, McHenry, McHenry County,
    Illinois.
    The Stipulation
    and Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    Polymer shall pay the sum of eighteen
    thousand dollars
    ($18,000.00) 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 ofillinois,
    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 Polymer’s
    Federal Employer Identification Number 36-3298 140
    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 foltth
    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)
    Polymer shall cease and desist from
    the alleged violations.
    Section
    41 ofthe Environmental Protection Act
    (415
    JLC S
    5/41(1994))
    provides for the
    appeal offinal Board orders within
    35
    days ofthe date ofservice ofthis order.
    The Rules ofthe
    Supreme Court ofIllinois establish filing requirements.
    (See also
    35
    Ill.Adm.Code
    101.246
    “Motions for Reconsideration.”)
    IT IS
    SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk ofthe Illinois Pollution Control Board,
    hereby certif~’
    that the
    above order was
    adopted on
    the
    /~‘~
    day of
    2~/
    ,
    1996,
    by a vote of
    i~-.
    DorothyM.
    G5l~m,Clerk
    Illinois Polluiôn Control Board

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