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