ILLINOIS POLLUTION CONTROL BOARD
June 20,
199.
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
)
v.
)
PCB 90—18
(Enforcement)
ROBERT A. PROPHETER d/b/a
)
BOB PROPHETER CONSTRUCTION
)
COMPANY,
)
Respondent.
JAMES
ARCHIER,
SENIOR ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF OF COMPLAINANT THE PEOPLE OF THE STATE OF ILLINOIS.
LOUIS F.
PIGNATELLI, APPEARED ON BEHALF OF RESPONDENT.
OPINION
AND
ORDER OF THE BOARD
(by M.
Nardulli):
This matter comes before the Board upon a complaint filed on
January
25,
1990,
by Roland W. Burns,
Attorney General
of the
State
of
Illinois,
on
behalf
of
the
People
of
the
State
of
Illinois,
against
respondent,
Robert
A.
Propheter
d/b/a
Bob
Propheter Construction Company (Propheter).
The complaint alleges
that Propheter operated its asphalt batch plant located in Utica,
LaSalle
County,
Illinois,
in violation of
Section
9(b)
of
the
Illinois Environmental Protection Act
(Act)
(Ill. Rev. Stat. 1989,
ch. 111 1/2, par. 1009 (b)) and Sections 201.143 and 201.161 of the
Board’s air regulations.
(35 Ill.
Adm.
Code 201.143 and 201.161.)
Hearing was held on this matter on July 30,
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.
Propheter admits to past violations of the
Act and Board regulations and agrees to pay a penalty of three
thousand
five
hundred
dollars
($3,500)
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 Boards’s air pollution regulations.
2
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
complainant
and
Robert
A.
Propheter d/b/a
Bob
Propheter Construction
Company concerning violations of Section 9(b) of the Act
and
35
Ill.
Adm.
Code
201.143
and
201.161.
The
Stipulation
of
Facts
and
Proposed
Settlement
are
incorporated
by reference
as
though
fully
set
forth
herein.
2.)
Propheter
shall
pay
the sum
of
three
thousand
five
hundred dollars
($3,500) 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
Propheter
shall
also
write
its
Federal
Employer
Identification Number or Social Security Number on the
certified check or money order.
Any such penalty not paid within the time prescribed
shall incur interest at the rate set forth in subsection
(a)
of Section 1003 of the Illinois Income Tax Act
(ill.
Rev.
Stat.
1989,
ch.
120,
par.
10-1003)
as
now
or
hereafter amended, from the date payment is due until the
date payment
is
received.
Interest shall
not accrue
during the pendency of an appeal during which payment of
the penalty has been stayed.
Section 41 of the Environmental Protection Act (Ill. Rev. Sat.
1987,
ch.
ill 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.
3
IT IS SO ORDERED.
Jacob D.
Dumelle concurs.
J. Theodore Meyer dissents.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that th~
Opinion and Order was adopted
on the
.?c~
day of
,
by a vote
of
~—/
on Control Board