ILLINOIS POLLUTION CONTROL BOARD
August
8,
1991
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 90—152
(Enforcement;
)
PANHANDLE
EASTERN
PIPELINE
COMPANY,’
a-Delaware
corporation,
)
Respondent.
JOHN J. KIM APPEARED ON
BEHALF
OF THE COMPLAINANT.
PHILLIP
DEUSCH
APPEARED
ON
BEHALF
OF
THE
RESPONDENT.
OPINION
AND
ORDER OF THE BOARD
(by B.
Forcade):
This matter comes
before
the
Board upon
a
complaint filed
August
8,
1990 on behalf of the People of the State
of Illinois
(“People”), by and through its attorney, Roland W. Burns, Attorney
General
of
the
State
of
Illinois,
against
Panhandle
Eastern
Pipeline Company (“Panhandle”), located in Tuscola, Douglas County,
Illinois.
The
complaint
alleges
that
Panhandle
has
violated
Section 9(b) of the Illinois Environmental Protection Act (“Act”),
Ill.
Rev. Stat.
1989,
ch.
111½,
pars.
1001,
et.
sea.
and 35 Ill.
Adm. Code 201.142 and 201.143 of the Board’s rules and regulations.
Hearings on this matter were held October 15,
1990 and July
15,
1991
in Tuscola,
Douglas
County,
Illinois.
At hearing,
the
parties submitted a Stipulation and Settlement Agreement, executed
by the parties.
The Stipulation sets forth facts pertaining to the
nature,
operations,
and
circumstances
surrounding
the
claimed
violations.
Panhandle admits to past violations of Section 9(b)
of the Act and 35 Ill. Adm. Code 201.144 and agrees to pay a civil
penalty
of
five
thousand
dollars
($5,000).
Panhandle
further
agrees to cease and desist from the alleged violations.
The Board finds the Settlement Agreement acceptable under 35
Ill.
Adin.
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 pollution control regulations.
This Opinion
constitutes the Board’s
findings
of
fact
and
conclusions of law in this matter.
125—13
2
ORDER
1.)
TheBoard hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of Illinois
and
Panhandle
Eastern
Pipeline
Company,
concerning
violations of Section 9(b) of the Act and 35 Ill. Adm.
Code Sections 201.142 and 201.143 by Panhandle Eastern
Pipeline Company’s operations located in Tuscola, Douglas
County.
The Stipulation and Settlement Agreement are
incorporated by
reference
as
though
fully
set
forth
herein.
2.)
Panhandle Eastern Pipeline Company shall pay the sum of
five thousand dollars ($5,000) within 30 days of the date
of t~is 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
Panhandle Eastern Pipeline Company 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 of 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.
Stat.
1989,
ch.
111½,
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.
J. Theodore Meyer dissented.
J.D. Dumelle concurred.
125—14
3
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereb
ertify that th~e~above
Opinion and Order was adopted
o
the
______
day of
~
,
1991,
by a vote of
—
-I
.
~
Dorothy M. ~hn,
C1erk~
Illinois Po~tutionControl Board
125—15