ILLINOIS POLLUTION CONTROL BOARD
    October 17, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MCLAUGHLIN BODY COMPANY, an
    Illinois corporation,
    Respondent.
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    PCB 96-219
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a five-count complaint filed April 23, 1996
    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 McLaughlin Body Company
    (McLaughlin Body), an Illinois corporation located at 1400 Fifth Street, East Moline, Rock
    Island County, Illinois. The complaint alleges that McLaughlin Body violated Section 21(f)
    (1) and (2) of the Environmental Protection Act (Act), (415 ILCS 5/21(f)(1) and (2)) and 35
    Ill. Adm. Code 703.150(a), 721.103, 722.144(a), 725.137, 725.151(a), 725.152, and 725.153
    of the Board’s regulations by operating a hazardous waste storage site without a permit, failure
    to submit a permit application, failure to make arrangements with local authorities, failure to
    maintain a contingency plan, and failure to submit an annual report.
    Pursuant to 415 ILCS 5/31(a)(1), the parties filed a joint motion requesting relief from
    the Act’s hearing requirements on August 23, 1996. The Board published a notice of the
    waiver on September 5, 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 September 6, 1996. The
    stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. McLaughlin Body admits the alleged violations and agrees to pay a civil
    penalty of $10,000.
    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.
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    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and McLaughlin Body Company, an Illinois
    corporation located at 1400 Fifth Street, East Moline, Rock Island County,
    Illinois. The stipulation and settlement agreement is incorporated by reference
    as though fully set forth herein.
    2.
    McLaughlin Body shall pay the sum of $10,000 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,
    McLaughlin Body’s federal employer identification number 36-1458029 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.
    McLaughlin Body shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill. Adm. Code
    101.246 “Motions for Reconsideration.”)
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the _____ day of ___________, 1996, by a vote
    of ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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