ILLINOIS POLLUTION CONTROL BOARD

November

4,

1993

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 91—157

(Enforcement)

THE GRIGOLEIT COMPANY,

an Illinois Corporation,

)

Respondent.

ORDER OF THE BOARD

(by 3. Anderson):

This matter comes before the Board on a joint motion to

reconsider and modify opinion and order dated November 1,

1993.

The motion seeks modification of the Board’s opinion and order on

October2l,

1993 in this matter.

The joint motion seeks to have the Board make two changes in

our order.

First,

it seeks to have the Board remove all

references to the word “penalty”

in paragraph

4 of the opinion

and paragraph

2 of the order and the words “civil penalty” from

paragraph 3.

In support,

the parties state that the Grigoleit

Company has challenged the alleged violations throughout this

proceeding by asserting that it has been in compliance.

The word

“payment”

is acceptable to the parties under these circumstances.

Second, the parties want the removal of the cease and desist

order from paragraph

3 of the order.

The Board will grant the request for modification by making

the changes prayed.

Additionally, the Board,

on our own motion,

corrects another error in the order.

The stipulation provided

for payment into the Hazardous Waste Fund.

Upon further review

of the order, the Board finds that,

in paragraph 2,

it must

correct the order by redesignating payment from the Hazardous

Waste Fund to the Environmental Protection Trust Fund.

The Board

is without statutory authority to do otherwise,

assuming that the

parties desire payment into a special fund (rather than into the

General Revenue Fund).

(~

30 ILCS 105/4

(General Revenue Fund

defined)).

Section 42(a)

of the Environmental Protection Act

authorizes the Board to order special fund payments to be made

only into the Environmental Protection Trust Fund.

In the interests of procedural economy, the Board is hereby

correcting paragraph 2 of its order to delete “Hazardous Waste

Fund” and substitute in lieu thereof “Environmental Protection

Trust Fund” as the designated fund.

The parties are free to file

a motion to reconsider this action.

---

3

nois and The Grigoleit Company, concerning its opera-

tions located in Decatur, Macon County,

Illinois.

The

Stipulation and Settlement Agreement are incorporated

by reference as though fully set forth herein.

2)

The Grigoleit Company shall pay the

sum

of Twenty

Thousand Dollars ($20,000.00) 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 ~

Illinois, designated to the

Environmental

Protection

trust

Fund, and shall be sent

by

First

Class

ina.iI’~o

Illinois

Environmental

Protection

Agency

Fiscal Services Division

2200 Churchill Road

P.O. Box 19276

Springfield,

IL

62794—9276

Grigoleit shall also write its Federal Employer Identi-

fication Number or Social Security Number on the certi-

fied check or money order.

Any such

payi~ent

not paid within the time prescribed

shall

incüi

èrest at the rate set forth in subsec-

tion

(a)

of Section 1003 of the Illinois Income Tax

Act,

(35 ILCS 5/1003), as now or hereafter amended,

from the date payment is due until the date payment is

received.

Interest shall not accrue during the penden-

cy of an appeal during which payment of the

pày~ner~t

has

been stayed.

3)

Section 41 of the Environmental Protection Act (415 ILCS

5/41) provides for the appeal of final Board orders within 35

days.

The Rules of the Supreme Court of Illinois establish

filing requirements.

(See also 35

Ill.

Adm. Code 101.246, Motion

for Reconsideration.)

IT IS SO ORDERED.