ILLINOIS POLLUTION CONTROL BOARD
    August 21, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    GRAFTEK PRESS, INC., a Delaware
    corporation,
    Respondent.
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    PCB 97-231
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a one-count complaint filed June 19, 1997,
    by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency (IEPA) and the People of the State of Illinois, against Graftek Press, Inc.
    (Graftek), a Delaware corporation located at 6704 South Pinegree Road, Crystal Lake,
    McHenry County, Illinois. The complaint alleges that Graftek violated Section 9(b) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(b) (1996)) and special condition 1 of its
    IEPA operating permit by operating a thermal oxidizer at a temperature below that specified
    by its permit.
    On July 17, 1997, the parties filed a stipulation and settlement agreement, and a joint
    motion requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
    settlement agreements be presented at hearing. 415 ILCS 5/31(c)(2) (1996). The Board
    published a notice of the waiver of hearing on July 19, 1997. No objection to the granting of
    the waiver was received. Accordingly, the Board grants a waiver from the hearing
    requirement.
    The stipulation and settlement agreement sets forth facts relating to the nature,
    operations and circumstances surrounding the claimed violations. Graftek neither admits nor
    denies the alleged violations and agrees to pay a civil penalty of $5,000.
    The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
    Code 103.180. This settlement agreement in no way affects Graftek’s responsibility to
    comply with any federal, State, or local regulations including, but not limited to, the Act and
    the Board’s regulations.
    This opinion and order constitutes the Board’s findings of fact and conclusions of law
    in this matter.
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    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Graftek Press, Inc. (Graftek), a Delaware
    corporation located at 6704 South Pinegree Road, Crystal Lake, McHenry
    County, Illinois. The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2.
    Graftek shall pay the sum of $5,000 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
    1021 N. Grand Avenue East
    Springfield, IL 62702
    The certified check or money order shall clearly indicate on it Graftek’s federal
    employer identification number 36-2694890 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 Section 1003(a) of the Illinois Income Tax Act, (35 ILCS
    5/1003 (1996)), 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.
    Graftek shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 21st day of August 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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