ILLINOIS POLLUTION CONTROL BOARD
March 5, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
AUTORAD, INC. an Illinois corporation,
Respondent.
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PCB 97-229
(Enforcement - EPCRA)
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 People of the State of Illinois,
against Autorad, Inc. (Autorad), an Illinois corporation, located at 2050 North Ruby Street,
Melrose Park, Cook County, Illinois. The complaint alleges that Autorad violated Section 25-
2(a) of the Environmental Protection Act (Act) (415 ILCS 5/25-2(a) (1996)) by failing to
timely submit a toxic chemical release form.
On January 15, 1998, 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 request for waiver of hearing on January 28, 1998. 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. Autorad admits the alleged
violation and agrees to pay a civil penalty of $8,700.
The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
Code 103.180. This settlement agreement in no way affects Autorad’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 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 Autorad, Inc. (Autorad), an Illinois
corporation, located at 2050 North Ruby Street, Melrose Park, Cook County,
Illinois. The stipulation and settlement agreement is incorporated by reference
as though fully set forth herein.
2.
Autorad shall pay the sum of $8,700 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 Environmental Protection Permit
and Inspection 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 Autorad’s federal
employer identification number 36-0759810 and that payment is directed to the
Environmental Protection Permit and Inspection 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.
Autorad 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 5th day of March 1998, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
