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