ILLINOIS POLLUTION CONTROL BOARD

January 7, 1993

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v.

P~B

92—149

(Enforcement)

OAK

VALLEY WOOD PRODUCTS

•

INC.,

an Illinois corporation,

)

Respondent.

)

OPINION

AND ORDER OF THE BOARD

(by

3.

C.

Marlin):

This

matter comes before the Board upon a complaint filad

October B,

1992 on

behalf

of

the

People

of

the

Stat.

of

Illinois.

by and through its

attorney,

Roland N. )urris, Attorney General

of

the State of Illinois, against Oak Valley Wood Products, Inc.

located in Olney, Richland County, Illinois. •~ecomplaint

alleges

that

Oak

Valley

Wood

Products,

Inc. baa

violated

sections

9(a)

and

9(b)

of

the

Illinois

Environmental

Protection

Act

(“Act”),

Ill.

Rev.

Stat.

1991,

ch.

111¾,pars.

1009(a)

and

1009(b),

and

35

Ill. Adm.

Code

201.141,

201.142,

201.143

or

201.144

and

212.301

of

the

Board’s

rules and regulations.

Pursuant

to

Section

31(a)

(1)

of. the

Act,

a

joint Motion

requesting relief

from

the

Act’s

hearing

requirement

was filed by

the parties on December 2, 1992.

Notice of

the

waiver

was

published by the Board on December

8,

1992;

no

objection

to

grant

of

the

waiver

was

received.

Waiver

of

hearing

is

granted by the

Board via today’s opinion and order.

A Stipulation and Settlement Agreement was filed by the

parties

on

December 2,

1992.

The

Stipulation

sets

fOrth facta

pertaining to the nature, operations, and circumstances

surrounding the claimed violationi.

Oak

Valley

Wood Products,

Inc.,

admits

to past violations of Sections 9(a) end 9(b) of the

Act

and

35 Ill

Adm. Code 201.141, 201.142, 201.143 or

201.144

and

212.301

and

agrees

to

pay

a civil

penalty

of

Two Thousand

Five

Hundred

Dollars

($2,500.00).

Oak

Valley Wood Products,

Inc..

further

agrees

to

cease

and

desist

from

the

alleged

violations.

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 lisited to

the

Act

and the Board’s pollution control regulations.

This opinion constitutes the Board’s findings of fact

and

Conc1usio~sof law in this matter.

0138-028.3

---

2

ORDER

1)

The Board hereby accepts the Stipulation

and

Settlement

Agreement executed by the

People

of

the State of

Illinois and Oak Valley Wood Products, Inc., concerning

violations of Sections 9(a) and 9(b) of the Illinois

Environmental Protection

Act

(NActw),

Ill

•

Rev.

Stat.

1991, ch. 111½, pars.

1009(a)

and

3009(b),

and

35 Ill.

Admn. Code 201.141, 201.142, 201.143 or 201.144

and

212.301

by

Oak

Valley

Wood Products,

Inc.’s

operations

located

in

Olney,

Richland

County,

Illinois.

The

Stipulation

and

Settlement

Agresment ar.

incorporated

by

reference

as

though

fully

set

forth

herein.

2)

Oak

Va..ley

Wood

Products, Inc., shall pay the sum

of

Two

Thousand

Five

Hundred

Dollars

($2,500.00).

The

penalty

will

be

paid

in

five

installments

of

five

hundred

dollars

($500.00).

The

installments

shall

be

due

every

sixty

(60)

days

with

the

first installment

to

be

paid

within

sixty

(60)

days

of

the

Board’s

order.

Such

payment

must

be

made

by certified

check

or *oney

order

payable

to

the

Treasurer

of

the

State

of

Illinois,

designated

to

the

Environmental

Protection

Trust

Fund,

end

must

be

sent

by

First

Class

mail

to:

Illinois

Environmental

Protection

Agency

Fiscal

Services

Division

2200

Churchill

Road

Springfield, XL 62794—9276

Oak

Valley

Wood Products,

Inc., shall also

write its

Federal

Employer

Identification

lumber

or

Social

Security

Number

on

the

certified

check

or

money

order.

Any

such penalty not paid

within

the

time

prescribed

shall

incur

interest at

the

rat. set

forth

in

subsection

(a) of Section 1003 of

the

Illinois Income

Tax

Act,

(Ill.

Rev,

Stat.

1991, ch. 120, par.

10—1003),

as

now

or hereafter amended, from the date payment

is

due

until

the

date

payment

is

received.

Interest

shal)

not

accrue

during

the

p.nd*ncy

of

an

appeal

during

which

payment

of

the

penalty

has

been

stayed.

3)

Oak Valley

Wood

Products,

Inc.

shall

submit,

a

copy

~ ~ the

1991

income

tax

return

filed

on

behalf

of

the

corporation

to

demonstrate

their

financial

inability

to

pay

a

higher

penalty amount.

4)

Oak Valley Wood Products, Inc. shall cease end desist

from the alleged violations.

01 38-028.~

---

3

Section 41 of the Environmental Protection Act

(Ill.Rev.Stat.

1991, Ch 111 1/2, par. 1041) provides for appeal

of final orders of the Board within 35 days.

The

rules

of

the

Supreme Court of Illinois establish filing requirements.

(But

see also

35 Ill. Mm. Code 101.246, Notions for Reconsideration,

and g~~ç~y

~

Q~ni~gjpp

(1989), 132

Ill. 2d 304,

547 N.E.2d 437.)

IT IS SO ORDERED.

3. Theodore

Meyer

dissented.

I,

Dorothy

N.

Gunn,

Clerk of the Illinois Pollution

Control

Board,

hereby

cert4~y~thatthe

above

ion

and

order

was

adopted on the

_________

day of

,

3993,

by

a

vote

of

.4Z~J

i~

rothy N. ~*n,

Clerk

Illinois

P4tution

Control

Board

0138-0285