ILLINOIS POLLUTION CONTROL BOARD
    February 7,
    1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    PCB 86-104
    (Enforcement)
    vs.
    )
    SOURS
    GRAIN
    COMPANY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    On January 15,
    1991, the parties,
    Illinois Environmental
    Protection Agency
    (“Agency”),
    and Sours Grain Company (“Sours”),
    filed a joint motion to reopen the docket in this proceeding and
    to approve a stipulation
    (“Stipulation II”).
    Stipulation II
    regards Sours’ noncompliance with certain terms of the
    Stipulation and Proposal for Settlement (“Stipulation I”)
    on the
    original complaint and Board Order of January 5,
    1989 accepting
    Stipulation
    I.
    Hearing on the original complaint was held on
    November 29,
    1988.
    On January
    5,
    1989, the Board found Stipulation
    I on the
    original complaint acceptable under 35
    Ill.
    Adin.
    Code 103.180 and
    dismissed the docket.
    The Board noted that Stipulation
    I
    contained
    a force inaleure clause which allowed for the Board “to
    remain the entity to resolve any possible future disputes”.
    The Board grants the motion to reopen this docket.
    Stipulation II sets forth Sours’ admission of violations of
    Stipulation
    I, and sets forth the facts pertaining to the nature,
    operations,
    and circumstances surrounding the violation.
    Sours
    agrees to pay a penalty of
    $1,000.00.
    Stipulation II
    further
    states that upon inspection,
    Sours had ceased the alleged
    violations and was subsequently issued an operating permit.
    The Board finds Stipulation II acceptable under 35 Ill. Adm.
    Code 103.180.
    Stipulation II in no way affects Sours’
    responsibility to comply with any federal, state or local
    regulations, including but not limited to the Act and the Board’s
    pollution control regulations.
    Stipulation II
    is incorporated by
    reference as though fully set forth herein.
    118—213
    2
    Sours shall pay the sum of $1000.00 within 21 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
    Sours shall also write its Federal Employer Identification
    Number or Social Security Number on the certified check or money
    order.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    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.
    Board Member JT. Meyer dissented.
    I, Dorothy M.
    Gurin, Clerk of the Illinois Pollution Control
    Board, hereby cert~ythat the above Order was adopted on the
    ~
    day of
    -~z~f
    ,
    1991,
    by a vote of
    Dorothy M.4~unn,Clerk
    Illinois i~61lutionControl Board
    118—2
    14

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