ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    A.E. STALEY MANUFACTURING
    COMPANY, a Delaware corporation,
     
    Respondent.
     
      
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    PCB 00-50
    (Enforcement – Water)
    OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
    On July 30, 2001, the complainant filed a stipulation and proposal for settlement
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Environmental Protection Act (Act) (415 ILCS 5/31(c)(1) (2000)).
     
    Pursuant to Section 31(c)(2) of the Act, the Board, by order of August 9, 2001, caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement.
    1
    The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver from the hearing requirement.
     
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. In its complaint, the complainant alleged that the respondent violated Sections 12(a) and
    (f) of the Act (415 ILCS 5/12(a), (f) (2000)) and Sections 302.204, 304.141(a), and 304.125(a) of
    the Board’s water pollution regulations (35 Ill. Adm. Code 302.204, 304.141(a), 304.125(a)).
    Complainant alleges that these violations resulted from a June 20, 1998, sulfuric acid spill, and
    from respondent’s discharge of effluent that exceeded permit requirements, both of which
    occurred at respondent’s Macon County, Illinois, facility.
     
      
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent agrees
    to pay a total civil penalty of $35,000. 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
    Notice was published on August 5, 2001, in Decatur’s Herald & Review.
     
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    1. The Board hereby accepts the stipulation and proposal for settlement executed by the
    People of the State of Illinois and A.E. Staley Manufacturing Company, regarding a
    facility located in Macon County, Illinois. The stipulation and proposal for
    settlement is incorporated by reference as if fully set forth herein.
     
    2. Respondent shall pay the sum of $35,000 within 30 days of the date of this order.
    Such payment shall be made by certified or corporate check payable to the Treasurer
    of the State of Illinois, designated to the Environmental Protection Trust Fund. The
    case number, case name, and respondent’s federal employer identification number
    (37-1168475) shall also be included on the check.
     
    3. The certified or corporate 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 the payment transmittal and check shall be simultaneously submitted to:
     
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
     
    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(a) (2000)), 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. If respondent fails to timely pay the penalty required in this order, respondent shall
    pay liquidated penalties in the amount of $500.00 per month of noncompliance,
    continuing until such time as the penalty is paid in full.
     
    6. Respondent shall cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
     
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    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.5020;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on September 6, 2001, by a vote of 7-0.
     
     
     
      
      
      
      
      
      
     
    Dorothy
    M.
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
     
     

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