ILLINOIS POLLUTION CONTROL BOARD
    June
    4,
    1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 92—51
    (Enforcement)
    UNITED COATINGS, INC.,
    a
    )
    Delaware corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.C.
    Marlin):
    This matter comes before the Board upon a complaint filed
    April
    2,
    1992 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Roland W. Burns,
    Attorney General of the State of Illinois,
    against United
    Coatings,
    Inc. located in 2850 Festival Drive, Kankakee, Kankakee
    County,
    Illinois.
    The complaint alleges that United Coatings,
    Inc. has violated Section 9(b)
    of the Illinois Environmental
    Protection Act (“Act”),
    Ill. Rev.
    Stat. 1991,
    ch.
    111½,
    par.
    1009
    and
    (b)
    and
    35 Ill.
    Adm. Code 201.142 and 201.143 of the Board’s
    rules and regulations.
    Pursuant to Ill.
    Rev.
    Stat.,
    1991,
    ch.
    111 1/2, par.
    1031(a) (1), a joint Motion requesting relief from the Act’s
    hearing requirement was filed by the parties on April
    10,
    1992,
    1992.
    Notice of the waiver was published by the Board on April
    17,
    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 April 2,
    1992.
    The Stipulation sets forth facts
    pertaining to the nature,
    operations, and circumstances
    surrounding the claimed violations.
    United Coatings,
    Inc.,
    admits to past violations of Sections 9(b)
    of the Act and 35 Ill.
    Adm. Code 201.142 and 201.143 and agrees to pay
    a civil penalty
    of Four Thousand Dollars
    ($4,000.00).
    United Coatings,
    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 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.
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and United Coatings,
    Inc.,
    concerning
    13 4—8 1
    2
    violations of Section 9(b) of the Illinois
    Environmental Protection Act (“Act”),
    Ill. Rev.
    Stat.
    1991,
    ch.
    111½,
    pars.
    1009(b), and 35 Ill. Adm. Code
    201.142 and 201.143 by United Coatings, Inc.’s,
    operations located in 2850 Festival Drive, Kankakee,
    Kankakee County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2.)
    United Coatings,
    Inc., shall pay the sum of Four
    Thousand Dollars
    ($4,000.00) within
    30 days of the date
    of this Order.
    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
    United Coatings,
    Inc.,
    shall also write its Federal
    Employer 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 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 shall
    not accrue during the pendency of an appeal during
    which payment of the penalty has been stayed.
    3.
    United Coatings,
    Inc.
    shall cease and desist from the
    alleged violations.
    Section 41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1991,
    ch.
    111½, 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.
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    134—82
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cerjify that the abov
    opinion and order was
    adop~edon the
    ~
    day of
    _______________,
    1992, by a vote
    of
    /.
    /
    Dorothy N. ç~hn,Clerk
    Illinois P~,1utionControl Board
    134—83

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