ILLINOIS POLLUTION CONTROL
BOARD
May 10,
1990
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 89—162
(Enforcement)
FAMILY ENTERPRISES,
INC.,
an
)
Illinois corporation,
d/b/a
BELLETINI’S GROCERY,
Respondent.
RENEE CIPRIANO,
ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
COMPLAINANT,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
OPINION AND ORDER OF THE BOARD
(by
M. Nardulli):
This matter comes before the Board upon a complaint filed
on
October
6,
1989,
upon
the request
of the Illinois Environmental
Protection
Agency
(Agency)
by Neil
F. Hartigan,
Attorney general
of the State of Illinois,
against respondent,
Family Enterprises,
Inc.,
an
Illinois
corporation,
d/b/a
Belletini’s
Grocery
(Belletini’s).
The complaint alleges that Belletini!s operated a
single—chambered
incinerator
utilized
to
burn
scrap
boxes
from
respondent’s grocery business in violation of section 9(b)
of the
Illinois Environmental Protection Act
(Act)
(Ill.
Rev.
Stat.
1987,
ch.
111 1/2,
par.
1009
(b))
and section 201.143 of the Board’s air
regulations
(35
Ill.
Adru.
Code
201.143),
in
that
Bel.letini’s
operated
its incinerator without a permit.
Hearing
was
held
on
this
matter
on
January
12,
1990
in
Chicago,
Illinois.
At the hearing, the Attorney General read into
the record the terms of a stipulated agreement.
This “Stipulation
of Facts
and Proposed Settlement” was subsequently signed by the
parties
and sets
forth
the
full
statement
of
all material
facts
pertaining to the nature, operations and circumstances surrounding
the claimed violations.
Belletini’s admits past violations of the
Act and Board regulations.
Belletini’s has subsequently complied
with
air
pollution
control
requirements
by
applying
for
an
operating
permit.
Belletini’s agrees
to
pay
a
penalty
of
five
hundred dollars
($500)
into the Environmental Trust Fund.
The Board finds the settlement agreement acceptable under 35
Ill.
Adm.
Code
103.180.
This
settlement
agreement
in
no
way
11 1—109
2
affects
respondent’s
responsibility
to
comply with
any federal,
state
or local regulations,
including but not limited to the Act
and the Boards’s air pollution 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
of Facts and
Proposed
Settlement
executed
by
the
Illinois
Environmental
Protection Agency and Family Enterprises d/b/a Belletini’s Grocery
concerning violations
of section 9(b)
of the Act and 35
Ill. Adm.
Code 201.143.
The Stipulation of Facts and Proposed Settlement are
incorporated by reference as though fully set forth herein.
2.)
Belletini’s
shall
pay the sum
of
five hundred
dollars
($500)
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
Belletini’s shall
also write
its Federal
Employer Identification
Number
or Social Security Number
on the certified check
or ~on~y
order.
Section 41 of the Environmental Protection Act
(Ill. Rev. Sat.
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 N.
Gunn,
Clerk of the Illinois Pollution Control
Board. hereby certify that the aboye Opinion and Order was adopted
on the
/~~-
day of
T7J~
‘—~-
,
1990,
by
a vote
of
7
.
(
tL,
/
- (__
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-~-~
~-
-.~-
Dorothy N. G~mnn, Clerk
Illinois Pollution Control Board
111—1 1~)