ILLINOIS POLLUTION CONTROL BOARD
    October
    1.0,
    1991
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—124
    (Enforcement)
    ROCK VALLEY OIL & CHEMICAL CO.,
    )
    an Illinois Corporation,
    Respondent.
    JOSEPH ANNUNZIO APPEARED ON BEHALF OF THE COMPLAINANT.
    ROGER SCHRANN APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board upon a complaint filed July
    2,
    1991
    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 Rock Valley
    Oil
    and
    Chemical Company (“Rock Valley”), located in Loves Park, Winnebago
    County,
    Illinois.
    The
    complaint alleges
    that Rock Valley
    has
    violated
    Section
    9(a)
    and
    (b)
    of
    the
    Illinois
    Environmental
    Protection Act (“Act”), Ill. Rev. Stat.
    1989,
    ch. 111½, pars.
    1001,
    et.
    seq.
    and 35 Ill. Adm. Code 201.142 and 201.143 of the Board’s
    rules and regulations.
    Hearing
    on this matter was held June
    19,
    1991
    in
    Rockford,
    Winnebago 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.
    Rock Valley
    admits to past violations of Section 9(a) and
    (b)
    of the Act and
    35
    Iii.
    Adin.
    Code 201.142 and 201.143
    and agrees to pay a civil
    penalty of one thousand five hundred dollar ($1,500).
    Rock Valley
    further agrees to cease and desist from the alleged violations.
    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 Board’s pollution control regulations.
    126—45 1
    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 and Settlement
    Agreement executed by the People of the State of Illinois
    and Rock Valley
    Oil
    and
    Chemical
    Company,
    concerning
    violations of Sections 9(a)
    and
    (b)
    of the Act and
    35
    Ill.
    Adm.
    Code
    Sections
    201.142
    and
    201.143
    by Rock
    Valley Oil and Chemical Company’s operations located in
    Loves Park, Winnebago County, Illinois.
    The Stipulation
    and Settlement Agreement are incorporated by reference
    as though fully set forth herein.
    2.
    Rock Valley Oil and Chemical Company shall
    pay the sum
    of one thousand five hundred dollars
    ($1,500) 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
    Rock Valley Oil and Chemical 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 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.
    3.
    Rock Valley Oil
    and Chemical Company
    shall
    cease
    and
    desist from the alleged violations.
    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.
    126—4 52
    3
    J.D. Dumelle and J. Theodore Meyer dissented.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, he~1ycertify that
    th~~
    Opinion
    and Order was adopted
    on the
    ~
    day of ______________________
    _____
    _________________________
    1991,
    by a vote
    of5H~.
    4L
    Dorothy M./4~nn,Clerk
    Illinois Pb~tlutionControl Board
    126—453

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