ILLINOIS POLLUTION CONTROL
BOARD
April 26,
1990
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 89—187
(Enforcement)
UNR’ROHN,
a Division of
UNR,
Inc.,
a Delaware
corporation,
Respondent.
OPINION AND ORDER OF THE BOARD BY
(J. Anderson):
This matter comes before the Board upon a complaint filed
on
November 13,
1989,
on behalf of the Illinois Environmental
Protection Agency
(“Agency”), by and through its attorney, Neil
F. Hartigan, Attorney General of the State of Illinois, against
Unr’Rohn,
Inc.,
a Texas corporation,
located in Peoria,
Peoria
County,
Illinois,
and Robert Penn,
as President of Unr’Rohn,
Inc.
An amended complaint was filed with the Board on January 16,
1990,
naming only Unr’Rohn,
a Division of Unr,
Inc.,
a Delaware
corporation,
(“Unr’Rohn”)
as respondent.
The amended complaint
alleges that Unr’Rohn has violated Sections 12(a)
and 12(f)
of
the Illinois Environmental Protection Act (“Act”),
Ill. Rev.
Stat.
1987,
ch.
111 1/2,
pars.
1012(a)
and 1012(f)
and 35 Ill.
Adm.
Code 302.208,
302.212, 309.102(a),
and 309.103(d)
of the
Board’s rules and regulations.
Hearing
on this matter was held on March
8,
1990,
in Peoria,
Illinois.
At the hearing, the parties submitted a Stipulation
and Settlement Agreement,
executed by the parties.
The
Stipulation sets forth
a full stipulation of all material facts
pertaining to the nature,
operations, and circumstances
surrounding the claimed violations.
Unr’Rohn admits to past
violations of Sections 12(a),
(h),
and
(f)
of the Act and 35
Iii.
Adm. Code 302.208, 302.212,
304.105, 309.102(a),
309.103(d),
and
309.154(a)
and agrees to pay a civil penalty of $5,000.00.
The Board finds the Settlement Agreement acceptable under
35
Ill. Adm.
Code 103.180.
This Opinion constitutes the Board’s findings of fact and
conclusions of
law in this matter.
ORDER
110—363
—2—
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the Agency and Unr’Rohn concerning
Unr’Rohn’s steel galvanizing and fabricating operations,
located
in Peoria,
Illinois.
The Stipulation and Settlement Agreement
is
incorporated by reference as though fully set forth herein.
Respondent shall pay the sum of
$5,000.00 within
30 days 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 Trust Fund,
and submitted by
first class mail to:
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield,
Illinois
62794—9276
Unr’Rohn shall also write its Federal Employer
Identification Number or Social Security Number upon the
certified check or money order.
IT IS SO ORDERED.
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
.1
,
1990,
by a
vote of
C
.
Dorothy M.
~unn,
Clerk
Illinois Pollution Control Board
I ifl—364