ILLINOIS POLLUTION CONTROL
    BOARD
    Nay 19,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB
    93—25
    (Enforcement)
    D
    & B REFUSE SERVICE, INC.,
    an Illinois Corporation,
    )
    Respondent.
    OPINION AND
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    This matter comes before the Board upon a three-count
    complaint filed February 5,
    1993,
    by Roland W. Burns, Attorney
    General of the State of Illinois, on behalf of the Illinois
    Environmental Protection Agency and the People of the State of
    Illinois, against D
    & B Refuse Service,
    Inc.,
    an Illinois Corpo-
    ration located in Noultnie County, Illinois.
    The complaint
    alleges that D
    & B Refuse Service, Inc. has violated Sections
    21(p) (5) and
    (12)
    of the Illinois Environmental Protection Act
    (Act),
    415 ILCS
    5/21(p)(5),
    (12).
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    April
    18,
    1994.
    The Board published a Notice of the waiver on
    April
    20,
    1994; no objection to grant of the waiver was received.
    Waiver of hearing is hereby granted.
    The
    parties filed a Stipulation and Settlement Agreement on
    April 18,
    1994.
    The Stipulation sets forth facts relating to the
    nature,
    operations and circumstances surrounding the claimed
    violations.
    D
    & B Refuse Service,
    Inc. denies the alleged
    violations and agrees to pay a civil penalty of twenty—one
    thousand dollars
    ($21,000.00).
    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 of fact and
    conclusions of law in this matter.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and D
    & B Refuse Service,
    Inc.,
    concerning its
    facility located in Moultnie County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    D
    & B Refuse Service,
    Inc.,
    shall pay the sum of
    twenty-one thousand dollars ($21,000.00). The penalty
    shall be paid in four installments: five thousand two
    hundred fifty
    (5,250.00) within 30 days of the date of
    this Order,
    and
    five thousand two hundred fifty
    (5,250.00) payable six months, twelve months, and
    eighteen months thereafter.
    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
    A copy of the transmittal and check shall be
    simultaneously submitted to:
    Environmental Control Division
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield,
    Il.
    62706
    The certified check or money order shall clearly
    indicate on its face,
    D
    & B Refuse Service, Inc.’s
    Federal Employer Identification Number or Social
    Security Number 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)
    D
    & B Refuse Service,
    Inc.
    shall cease and desist from
    3
    the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35
    Iii.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    ~
    day of
    _________________,
    1994,
    by a
    vote of
    ________.
    A~.
    Dorothy N. ~nn,
    Clerk
    Illinois Po~/LutionControl Board

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