ILLINOIS POLLUTION CONTROL BOARD
    November 2, 1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 95-176
    )
    (Enforcement-Air)
    PRO-PAK INDUSTRIES, INC.,
    )
    an Illinois corporation,
    )
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon an two-count
    complaint filed June 20, 1995, by the Attorney General of the
    State of Illinois, on behalf of the Illinois Environmental
    Protection Agency (Agency) and the People of the State of Illi-
    nois, against Pro-Pak Industries, Inc. (Pro-Pak), an Illinois
    corporation regarding its facility, located at 1099 Atlantic
    Drive, West Chicago, DuPage County, Illinois. The complaint
    alleges that Pro-Pak has violated Section 9(b) of the Illinois
    Environmental Protection Act (Act), 415 ILCS 5/9(b) and 35 Ill.
    Adm. Code 201.142 and 201.143 by constructing and operating
    emission sources without the proper permits.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint
    Motion requesting relief from the Act's hearing requirement on
    October 3, 1995. The Board published a notice of the waiver on
    October 6, 1995; no objection to granting of the waiver was
    received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    October 3, 1995. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Pro-Pak neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of one thousand five
    hundred dollars ($1,500.00).
    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.
    This opinion constitutes the Board's findings of fact and
    conclusions of law in this matter.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Pro-Pak, concerning its two facility,
    located at 1099 Atlantic Drive, West Chicago, DuPage
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2)
    Pro-Pak, shall pay the sum of one thousand five hundred
    dollars ($1,500.00) 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 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
    The certified check or money order shall clearly
    indicate on its face Pro-Pak's Federal Employer
    Identification Number 36-3813523 and that payment is
    directed to the Environmental Protection Trust Fund.
    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, (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
    pendency of an appeal during which payment of the
    penalty has been stayed.
    3)
    Pro-Pak shall at all times maintain compliance with the
    terms and conditions of FESOP #93100075 issued by the
    Agency on July 17, 1995.
    4)
    Pro-Pak shall cease and desist from further violations
    of the Act and the regulations promulgated thereunder.
    5)
    Pro-Pak shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    Section 41 of the Environmental Protection Act (415
    3
    ILCS 5/41) provides for the appeal of final Board orders within
    35 days of the date of service of this order. (See also 35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the day of , 1995 by a
    vote of .
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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