ILLINOIS POLLUTION CONTROL BOARD
    April 2, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DIAMOND PLATING COMPANY,
    an Illinois corporation,
    Respondent.
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    PCB 96-21
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
    On July 31, 1995, the Illinois Attorney General, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois, filed a one-count complaint against
    Diamond Plating Company (Diamond), an Illinois corporation, located at #5 Cain Drive,
    Madison, Madison County, Illinois. The complaint alleges that Diamond violated Sections
    9(a) and 9(b) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/9(a), 9(b)
    (1996)), 35 Ill. Adm. Code 201.141, and standard conditions #7 and #8 of its operating permit
    by causing or tending to cause air pollution, failing to properly maintain its scrubber, and
    failing to properly maintain a written record of maintenance performed on its scrubber.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), a motion was
    filed on February 20, 1998, requesting relief from the Act’s hearing requirement. The Board
    published a notice of the requested relief on February 25, 1998. The Board has received no
    objection to granting the relief from the Act’s hearing requirement. The relief is hereby
    granted.
    A Stipulation and Proposal for Settlement (Settlement Agreement) was filed on
    February 20, 1998. The Settlement Agreement sets forth facts relating to the nature of and
    operations and circumstances surrounding the claimed violations. Diamond admits that it
    violated Sections 9(a) and 9(b) of the Act and standard conditions #7 and #8 of its operating
    permit. Diamond agrees to pay a total civil penalty of $12,000. The Board finds the
    Settlement Agreement acceptable under 35 Ill. Adm. Code 103.180.
    The Settlement Agreement in no way affects Diamond’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.
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    ORDER
    1. The Board hereby accepts the Stipulation and Proposal for Settlement
    (Settlement Agreement) executed by the People of the State of Illinois and
    Diamond Plating Company (Diamond), an Illinois corporation, located at #5
    Cain Drive, Madison, Madison County, Illinois. The Settlement Agreement is
    incorporated by reference as though fully set forth herein.
    2. Diamond must pay a total civil penalty of $12,000. The penalty must be paid in
    quarterly installments of $1,500 over a two year period commencing 30 days
    after the date of this order. Such payment must be made by certified check
    payable to the Treasurer of the State of Illinois, designated to the Illinois
    Environmental Protection Trust Fund, and must be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    The certified check must clearly indicate on its face the case name and number,
    along with Diamond’s Federal Employer Identification Number (37-0800564).
    A copy of the payment transmittal and the certified check must be sent
    simultaneously by First Class mail to:
    Donna Lutes
    Environmental Bureau
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, Illinois 62794-9276
    Any portion of such penalty not paid within the time prescribed will accrue
    interest at the rate set forth in subsection (a) of Section 1003 of the Illinois
    Income Tax Act (35 ILCS 5/1003(a) (1996)), as now or hereafter amended,
    from the date payment is due until the date payment is received. If the time for
    payment is stayed during the pendency of an appeal, interest will not accrue
    during such stay.
    3. Diamond must 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
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    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions 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 2nd day of April 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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