ILLINOIS POLLUTION CONTROL BOARD
    September 17, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    UNITED SCRAP METAL, INC.
    , an Illinois
    corporation,
    Respondent.
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    PCB 97-117
    (Enforcement - Land)
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    On August
    19
    , 1998, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter.
    The complaint alleged that the respondent violated Sections 9(b), 21(d), and 21(e) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(b), 21(d), 21(e) (1996)) and 35 Ill. Adm.
    Code 808.121, 808.121(b), 808.121(c)(1), 809.301 and Special Condition 3a of its Operating
    Permit 92040088, by failing to perform a special waste determination, performing the
    unpermitted disposal of waste, violating the manifest of a special waste generator, and
    violating permit conditions.
    Pursuant to Section 31(a)(2) of the Act (415 ILCS 5/31(a)(2) (1996)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. The respondent
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $13,000.
    The respondent must continue 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.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and United Scrap Metal, Inc., an Illinois
    corporation, located at 1545 South Cicero Avenue, Chicago, Cook County,
    2
    Illinois. The stipulation and settlement agreement is incorporated by reference
    as though fully set forth herein.
    2.
    The respondent shall pay the sum of $13,000 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. The case number, case name, and the respondent’s
    federal employer identification number 36-3047665 shall also be included on the
    check (or money order) and should clearly indicate that payment is directed to
    the Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Zemeheret Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    Office of the Illinois Attorney General
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 60601
    4.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003), 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.
    5.
    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.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 17th day of September 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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