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.