ILLINOIS POLLUTION CONTROL BOARD
    May 6, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FRANK MERKENDORFER and PHIL
    PINELLO,
    Respondents.
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    PCB 96-208
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
    On March 18, 1999, 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 respondents violated Sections 21(f)(1), 21(f)(2), and 21(i) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(f)(1), 21(f)(2), 21(i) (1996)) and 35 Ill.
    Adm. Code 703.121(a), 722.111, 722.140(c), 725.135, 725.137, 725.211, 725.212, 725.242,
    725.271, 725.274, 728.150(a)(2), and 728.150(c) by failing to make waste determinations,
    operating a hazardous waste storage facility without a permit, failing to comply with interim
    status standards for owners and operators of hazardous waste treatment, storage, and disposal
    facilities, failing to comply with regulations regarding preparedness and preparation, and
    failing to properly store hazardous waste.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(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 of 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. Respondents deny
    the alleged violations and agree to pay a total civil penalty of $3,500. Respondents 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 respondents, Frank Merkendorfer
    (Merkendorfer) and Phil Pinello (Pinello), regarding alleged violations at a
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    facility located at 223 Adele Court, Villa Park, DuPage County, Illinois. The
    stipulation and settlement agreement is incorporated by reference as though fully
    set forth herein.
     
    2. The respondents shall pay the total sum of $3,500 pursuant to the following
    schedule:
    a.
    Merkendorfer shall pay the total sum of $1,000 in four installments of
    $250. Merkenforfer shall pay the first installment within 30 days of the
    date of this order. Merkendorfer shall pay the second installment on
    October 15, 1999. Merkendorfer shall pay the third installment on
    February 15, 2000. Merkendorfer shall pay the fourth installment on
    June 15, 2000.
    b.
    Pinello shall pay the total sum of $2,500 within 30 days of the date of
    this order.
     
    Such payments shall be made by certified checks payable to the Treasurer of the
    State of Illinois, designated to the Environmental Protection Trust Fund. The
    case number, case name, and the social security number of Merkendorfer or
    Pinello shall also be included on each respective check, which should clearly
    indicate that payment is directed to the Environmental Protection Trust Fund.
    3.
    Each check 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 each check shall be simultaneously sent by first class mail to:
    Genevieve M. Watts
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    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.
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    5.
    Respondents 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 opinion and order was adopted on the 6th day of May 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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