ILLINOIS POLLUTION CONTROL BOARD
February 19, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ESG WATTS, INC., an Iowa corporation,
Respondent.
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PCB 96-233
(Enforcement - Land)
ORDER OF THE BOARD (by M. McFawn):
Pursuant to 35 Ill. Adm. Code 103.241(a), the Board today corrects a typographical
error in its February 5, 1998, order in the above-captioned enforcement action. The total
penalties assessed against respondent ESG Watts, Inc., add up to $655,200, not $680,200 as
was stated in the February 5 order. Accordingly, paragraphs 2 and 3 of the Board’s February
5 order are hereby amended to provide as follows:
2.
For the reasons set forth in the foregoing opinion, the Board hereby assesses the
following penalties against ESG Watts: $232,000 for violations found under
count I, $212,500 for violations found under count II, $120,000 for violations
found under count III, and $90,700 for violations found under count V, for a
total penalty of $655,200.
3.
ESG Watts must pay $655,200 on or before April 2, 1998. Such payment must
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 must be
delivered to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
Springfield, IL 62702
ESG Watts must write its Federal Employer Identification Number on the
certified check or money order. Any portion of the penalties assessed not paid
by April 2, 1998, will incur interest at the rate set forth in Section 1003(a) of
the Illinois Income Tax Act (35 ILCS 5/1003(a)), as now or hereafter amended,
from the date payment is due until the date payment is received. Interest will
not accrue during the pendency of an appeal during which payment of the
penalty has been stayed.
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 19th day of February 1998, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board