ILLINOIS POLLUTION CONTROL BOARD
    May 4,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    94—246
    (Enforcement-Air)
    ODUM CONCRETE PRODUCTS, INC.,
    )
    an Illinois corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed September 9,
    1994, 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 Odum Concrete Products,
    Inc.
    (Odum), an Illinois
    corporation located in West Marion Township near the City of
    Herrin, Williamson County, Illinois.
    The complaint alleges that
    Odum has violated Section 9(b)
    of the Illinois Environmental
    Protection Act (Act),
    415 ILCS
    5/9(b)
    and 35 Ill.
    Adm. Code
    201.144 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
    March 24,
    1995.
    The Board published a notice of the waiver on
    March 29,
    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
    March 24,
    1995.
    The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations.
    Odum neither admits or 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.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Odum,
    an Illinois corporation located in
    West Marion Township near the City of Herrin,
    Williamson County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    Odum shall pay a civil penalty 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, Odum’s Federal Employer
    Identification Number 37-0632753 and that payment is
    directed to the Environmental Protection Trust Fund.
    A copy of the payment transittal and check shall be sent to:
    Environmental Control Division
    Illinois Attorney General’s Office
    500 S.
    Second St.
    Springfield, Illinois 62706
    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)
    Odum shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer concurred.
    3
    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.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify~thatthe above opinion and order was
    adopted on the
    ~-‘-“~
    day of
    1995, by a
    vote of
    _________
    Dorothy N.
    Illinois
    Control Board

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