ILLINOIS POLLUTION CONTROL BOARD
April 16, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PIECE WORK SPECIALISTS, INC.,
an Illinois corporation,
Respondent.
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PCB 96-207
(Enforcement -
RCRA
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OPINION AND ORDER OF THE BOARD (by M. McFawn):
On March 29, 1996, the Illinois Attorney General, on behalf of the People of the State
of Illinois (complainant), filed a 15-count complaint against Piece Work Specialists, Inc.
(respondent), an Illinois corporation located at 300 West Adams Street, P.O. Box 477,
Morton, Tazewell County, Illinois.
The complaint alleged that respondent violated Sections 21(f)(1) and 21(f)(2) of the
Environmental Protection Act (Act) (415 ILCS 5/21(f)(1), (f)(2) (1996)) and 35 Ill. Adm.
Code 722.111, 722.140(c), 725.113(a) and (b), 703.121, 725.114, 725.115(a), (b), and (d),
725.116, 725.117, 725.131, 725.132, 725.133, 725.134, 725.135, 725.137, 725.151,
725.152, 725.153, 725.155, 725.173, 725.174, 725.175, 722.144, 725.177, 725.212(a),
725.242(a), 725.271, 725.273, 725.274, and 725.276, by failing to conduct a hazardous waste
determination; operating a hazardous waste storage facility without a permit;
failing to provide
adequate security; failing to have a written inspection report on-site, failing to train personnel;
violating ignitable waste standards;
by improperly maintaining the facility;
violating equipment
standards;
violating prevention standards; failing to implement and maintain a contingency
plan; failing to appoint an emergency coordinator; failing to maintain an operating log; failing
to submit an annual report; failing to maintain a closure report; and
failing to inspect the
container storage area.
On March 2, 1998, the parties filed a stipulation, settlement agreement, and a joint
motion requesting relief from the requirement of Section 31(c)(2) of the Act 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 on March 11, 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 of and
operations and circumstances surrounding the claimed violations. Respondent admits the
following alleged violations only: Sections 21(f)(1) and 21(f)(2) of the Act (415 ILCS
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5/21(f)(1), (f)(2) (1996)) and 35 Ill. Adm. Code 722.111, 722.140(c), 725.113(a) and (b), and
703.121 (stip. at 5). Respondent denies all other violations and 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 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.
ORDER
1.
The Board hereby accepts the Stipulation and Proposal for Settlement
(Settlement Agreement) executed by the People of the State of Illinois and Piece
Work Specialists, Inc. (respondent), an Illinois corporation located at 300 West
Adams Street, P.O. Box 477, Morton, Tazewell County, Illinois. The
Settlement Agreement is incorporated by reference as though fully set forth
herein.
2.
Respondent shall pay a total sum of $12,000 within twelve months of the date of
this order, on or before April 16, 1999. Within 30 days of the date of this
order, on or before May 16, 1998, respondent shall pay one installment of
$3,000, followed by ten monthly payments of $900 each. Each subsequent
$900 payment will be due the 5th day of the month, starting on June 5, 1998,
until the balance is paid in full. Such payments 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
P.O. Box 19276
Springfield, IL 62794-9276
The certified check or money order shall clearly indicate on the respondent’s
federal employer identification number 37-1159544 and that payment is directed
to the Environmental Protection Trust Fund.
Any such penalty not paid within the time prescribed shall accrue interest at the
rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act
(35 ILCS 5/1003(a) (1994)), as now or hereafter amended, from the date
payment is due until the date payment is received. If the time for payment is
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stayed during the pendency of an appeal, interest shall not accrue during such
stay.
3.
Respondent 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 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 order was adopted on the 16th day of April 1998, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board