ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    J.D. PLATING WORKS, INC.,
    Respondent.
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    PCB 97-147
    (Enforcement – Water, RCRA)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On February 28, 1997, the People of the State of Illinois (People) filed a nine-count
    complaint against respondent J.D. Plating Works, Inc. (J.D. Plating), a metal electroplater.
    The complaint alleges J.D. Plating conducted a hazardous waste management facility without a
    Resource Conservation and Recovery Act (RCRA) permit, conducted a hazardous waste
    thermal treatment unit without a RCRA permit, failed to maintain operating records, failed to
    submit annual reports, failed to maintain a written closure plan, failed to have a cost estimate
    for closure, caused a water pollution hazard, failed to properly maintain and operate a disposal
    facility, and stored hazardous wastes in open containers at its facility located at 1424 12th
    Street, Waukegan, Lake County, Illinois. These actions are in alleged violation of Sections
    12(f)(2), 21(d), 21(f)(1) and (f)(2) of the Environmental Protection Act (Act) (415 ILCS
    5/12(f)(2), 21(d), (f)(1), (f)(2) (1998)) and the Board’s waste disposal regulations at 35 Ill.
    Adm. Code 703.121(a) and (a)(1), 725.131, 725.173(a), 725.175, 726.212(a), 725.242(a), and
    725.273(a).
    On November 20, 2000, the parties filed a joint stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)). Pursuant to Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (1998)), 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 notice appeared in
     
    The
    News-Sun
    on November 23, 2000. 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. J.D. Plating
    neither admits nor denies the violations alleged by the People, but agrees to pay a civil penalty
    of $10,000.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. J.D. Plating must continue to comply with any federal, State, or local regulations
    including, but not limited to, the Act and the Board’s regulations.
    2
    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 J.D. Plating. The stipulation and
    settlement agreement is incorporated by reference as though fully set forth
    herein.
    2. J.D. Plating must pay the sum of $10,000. Payment must be made within 30
    days of the date of this order, that is, on or before February 3, 2001. Such
    payment must be made by certified check or money order payable to the Illinois
    Environmental Protection Agency, designated to the Environmental Protection
    Trust Fund. The case number, case name, and Plating’s Federal Employer
    Identification number 36-243-5587 must also be included on the certified check
    or money order and clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3. The check or money order must 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:
    Office of the Attorney General
    Zemeheret Bereket-Ab, Environmental Bureau
    188 W. Randolph St., 20th Floor
    Chicago, Illinois 60601
    4. Penalties unpaid after 30 days of the date of this order accrue interest pursuant
    to Section 42(g) of the Act. 415 ILCS 5/42(g) (1998).
    5. J.D. Plating must cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date 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 101.520, 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 4th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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