ILLINOIS POLLUTION CONTROL BOARD
    March 7,
    1996
    PEOPLE
    OF THE STATE
    OF ILLINOIS
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 96-61
    )
    (Enforcement
    -
    Land, Mining)
    PAUL J. MAY &
    SONS, INC.,
    an Illinois
    )
    corporation, and Paul J. May individually and
    )
    as President ofPaul J. May & Sons, Inc.,
    )
    Respondents.
    ORDER OF THE BOARD (by M. McFawn):
    This matter comes before the Board upon a four-count complaint filed September
    15,
    1995, by the Attorney General ofthe State of Illinois, on behalf ofthe Illinois Environmental
    Protection Agency and the People ofthe State ofIllinois, against Paul J. May & Sons, Inc., an
    Illinois corporation, and Paul J. May, individually and as president ofPaul J. May &
    Sons, Inc.
    (May &
    Sons) regarding the property located at 7009 Spring Grove, McHenry County.
    The
    complaint alleges that May &
    Sons has violated Sections
    12(a),
    12(b), 2 1(a), and 21(d) ofthe
    Illinois Environmental Protection Act (Act),
    (415
    ILCS
    5/12(a),
    5/12(b))
    and
    35
    Ill. Adm.
    Code
    404.101(a)(l), 404.l0l(a)(2) and 405.1 10 by the construction of a mine related facility without
    the proper permits, failure to obtain a mining operating permit, failure to properly abandonthe
    mine and open dumping.
    Pursuant to 415 JLCS 5/31 (a)(2), the parties filed a joint motion requesting relief from the
    Acfs hearing requirement on January 30,
    1996.
    The Board published a notice ofthe waiver on
    February 2, 1996;
    no objection to the granting ofthe wavier was received.
    Waiver ofhearing is
    hereby granted.
    The parties filed a stipulation and settlement agreement on
    December 29,
    1995.
    The
    stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations.
    May &
    Sons denies the alleged violations but agrees to pay a civil penalty of
    three thousand
    dollars ($3,000.00).
    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 offact and conclusions oflaw in this matter.
    2
    ORDER
    1)
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People ofthe State ofIllinois and May & Sons regarding the property located
    at 7009 Spring Grove, McHenry County.
    The stipulation and settlement
    agreement are incorporated by reference as though fully set forth herein.
    2)
    May &
    Sons shall pay the sum of three thousand dollars ($3,000.00) within 30
    days ofthe date ofthis order.
    Such payment shall be made by certified check or
    money order payable to the Treasurer ofthe 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, May &
    Sons
    Federal Employer Identification Number 36-2938018 and that payment is directed
    to the Environmental Protection Trust Fund.
    Any suchpenalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) ofSection
    1003 ofthe 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 ofan
    appeal during which payment ofthe penalty has been stayed.
    3)
    May & Sons
    shall cease and desist from the alleged violations.
    Section
    41
    of the Environmental Protection Act (415 ILCS
    5/41)
    provides for the appeal
    of final Board orders within 35 days ofthe date ofservice ofthis order.
    (See also 35 Ill. Adm.
    Code
    101.246, Motion for Reconsideration.)
    IT IS SO ORDERED.
    Board member J. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certif~r
    that the
    above order was adopted on the
    7~’
    day of~h
    o—t-J-’
    ,
    1996, by a vote of
    V
    ~
    Dorothy M.
    q~,
    Clerk
    Illinois Po1lu~i’onControl Board

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