ILLINOIS POLLUTION CONTROL BOARD
April 26,1990
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 89—191
(Enforcement)
CALUMET ARMATURE ELECTRIC,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by N. Nardulli):
This matter comes before the Board upon a complaint filed on
November 15,
1989,
upon the request of the Illinois Environmental
Protection Agency
(Agency) by Neil
F.
Hartigan,
Attorney General
of
Illinois,
against
Calumet
Armature
Electric
(Calumet),
an
Illinois
Corporation.
The complaint
alleges two counts
against
Calumet.
Count I alleges that Calumet violated Section 9(b) of the
Illinois Environmental Protection Act
(the Act)
(Ill.
Rev.
Stat.
1987,
ch. 111 1/2,
par.
1009(b)) and 35 Ill. Adm. Code 201.142, in
that
Caluinet constructed
a new source
of
emissions
and new air
pollution
control
equipment
without
obtaining
a
construction
permit.
Count II alleges that Calumet violated Section 9(b) of the
Act and 35
Ill.
Adm. Code 201.143,
in that Calumet operated a new
source of emissions and new air pollution control equipment without
a permit.
A hearing was held on this matter on February
21,
1990,
in
Chicago, Illinois.
At the hearing the Attorney General submitted,
as exhibit 1, a Stipulation and Proposal for Settlement, which was
accepted
into
evidence.
The
Stipulation
sets
forth
the
full
statement
of
all
material
facts
pertaining
to
the
nature,
operations,
and circumstances surrounding the claimed violations.
Calumet admits to the past violations
of the Act and Board rules.
Calumet
has
subsequently
complied
with
air
pollution
control
requirements by applying
for and receiving,
from the Agency,
all
necessary operating permits.
Calumet agrees to pay a penalty
of
two thousand dollars
($2,000)
into
the Environmental
Protection
Trust Fund.
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 air pollution regulations.
This
Opinion
constitutes
the
Board’s
findings
of
fact
and
110—367
2
conclusions of law in this matter.
ORDER
The
Board
hereby accepts
the
Stipulation
and
Proposal
for
Settlement executed by the Illinois Environmental Protection Agency
and Calumet Armature Electric concerning violations of Section 9 (b)
of the Act and 35 Ill. Adm. Code 201.
The Stipulation and Proposal
for Settlement are incorporated by reference as though fully set
forth herein.
Calurnet shall pay the sum of two thousand dollars ($2,000.00)
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 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
Calumet shall also write
its Federal Employer Identification
Number or Social Security Number upon the certified check or money
order.
Section
41
of
the
Environmental
Protection
Act,
Ill.
Rev.
Stat.
1987,
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.
IT IS SO ORDERED.
I,
Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was adopted
on the
~2ç~/
day of
_____________________,
1990,
by a vote of
/
(
.
~
~
Dorothy M.,~unn, Clerk
Illinois Pollution Control Board
110—368