ILLINOIS POLLUTION CONTROL BOARD

April

22,

1993

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v.

)

 PCB 93—48

(Enforcement)

NORTHWESTERN STEEL

 & WIRE

COMPANY,

 an Illinois

Corporation,

Respondent.

OPINION AND ORDER OF THE BOARD

 (by J.

 C. Marlin):

This matter comes before the Board upon a complaint filed

March

9,

 1993 on behalf of the People of the State of Illinois,

by and through its attorney, Roland W. Burns,

 Attorney General

of the State

 of Illinois, against Northwestern

 Steel

 & Wire

Company, located

 in Sterling,

 Whiteside County,

 Illinois.

The

complaint alleges that Northwestern Steel

 & Wire Company has

violated its NPDES permit,

35

 Ill. Adm.

 Code 309.102 and

304.141(a)

 of the Board’s regulations and Sections 12(a)

and

12(f)

 of the Environmental Protection Act (“Act”), 415 ILCS

5/12(a)

 and 5/12(f)

 (1992).

Pursuant to Section 31(a) (1)

 of the Act,

 a joint Notion

requesting relief from the Act’s hearing requirement was filed by

the parties on March

9,

 1993.

 Notice of the waiver was published

by the Board on March

19,

 1993;

 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 March

9,

 1993.

 The Stipulation sets forth facts

pertaining to the nature,

 operations,

 and circumstances

surrounding the claimed violation.

 Northwestern Steel

 & Wire

Company, admits to past violations

 of its NPDES permit,

35

 Ill.

Adm.

 Code 309.102,

 304.141(a)

 and Sections 12(a)

 and 12(f)

 of the

Act,

 and agrees to pay a civil penalty of Thirty Thousand Dollars

($30,000.00).

 Northwestern Steel

 & Wire Company 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 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.

•~

 I -0263

2

ORDER

1)

 The Board hereby accepts the Stipulation and Settlement

 Agreement executed by the People of the State of

Illinois and Northwestern Steel

 & Wire Company,

concerning violations

 of its NPDES permit,

 35 Ill.

 Adm.

Code 309.102 and 304.141(a),

 and Section 12(a)

and

12(f)

 of the Illinois Environmental Protection Act,

415

ILCS 5/12(a)

 and 5/12(f) (1992),

 by Northwestern Steel

&

Wire Company,

 located

 in Sterling, Whiteside County,

Illinois.

 The Stipulation and Settlement Agreement are

incorporated by reference as though fully set forth

herein.

2)

 Northwestern Steel

 & Wire Company,

 shall pay the sum of

Thirty Thousand Dollars

 ($30,000.00) within 30 days of

the date of this order.

 Such payment must 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 must 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

Northwestern Steel

 & Wire Company,

 shall also write its

Federal Employer’s Identification Number 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 rate set forth in

 subsection

(a)

 of Section 5/1003 of theIllinois

 Income

Tax Act,

 (35 ILCS 5/1003

 (1992).),

 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)

 Northwestern

 Steel

 & Wire Company shall cease and

desist from the alleged violations.

Section 41 of the Environmental Protection Act

 (415 ILCS

5/41

 (1992))

 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. Adm. Code

101.246, Motions for Reconsideration,

 and Castenada

 v. Illinois

Human Rights Commission

 (1989),

132

 Ill.

2d

 304,

 547 N.E.2d 437

and Strube

V.

 Illinois Pollution Control Board, No.

 3-92-0468,

slip op.

 at 4—5

 (3d Dist.

 March 15,

 1993).)

i

 -026f4

3

IT IS

 SO ORDERED

J. Theodore Meyer dissented.

I,

 Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify )that the

ai

adopted on ~he

 ~~day

of

vote

of

.3/

Control Board

 -0265