ILLINOIS POLLUTION CONTROL BOARD
    January 21,
    1993
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v
    PCB 92—187
    (EnfOrcement)
    DeNORMANDIE TOWEL
    & LINEN
    )
    SUPPLY COMPANY, an Illinois
    )
    corporation,
    )
    Respondent.
    )
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before
    the
    Board upon a complaint filed
    December 1, 1992 on behalf of the People
    of
    the State of
    Illinois, by and through its attorney,
    Roland
    W. Burns, -Attorney
    General of the State of Illinois, against DeNormandie Towel &
    Linen Supply Company located in Chicago, Cook County,
    Illinois.
    The complaint alleges that DeNormandie Towel & Linen Supply
    Company has violated Sections 9(a) and 9(b) of the Illinois
    Environmental Protection
    Act
    (“Act”),
    Ill. Rev. Stat.
    1991,
    cb.
    111½, pars.
    1009(a) and 1009(b), and
    35
    Ill. Adm. Code 201.142
    and 201.143 of the Board’s rules and regulations.
    Pursuant to Section 31(a) (1) of
    the
    Act, a
    joint -Motion
    requesting relief from the Act’s hearing requirement was filed by
    the parties on December
    1,
    1992.
    Notice
    of the
    waiver was
    published by the Board on
    December
    12, 1992; no objection to
    grant of the waiver was received.
    Waiver of hearing is granted
    by the Board via today’s opinion and order.
    A Stipulatibn and Settlement Agreement was filed by the
    parties on December 1,
    1992.
    The
    Stipulation sets forth facts
    pertaining to the nature,
    operations,
    and
    circumstances
    surrounding the claimed violations.
    DeNormandie Towel
    & Linen
    Supply Company, admits to past violations of Sections 9(a) and
    9(b) of the Act and 35
    Ii..
    Adin. Code 201.142 and 201.143 and
    agrees to pay a civil penalty of One Thousand Dollars
    ($1, 000. 00).
    DeNormandie Towel & Linen Supply Company further
    agrees to cease and desist from the alleged violations.
    The Board finds the Settlement Agreement acceptable under 35
    Ill.
    Adin.
    Code 103.180.
    This 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.
    01 38-0Le77
    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 DeNormandie Towel & Linen Supply Company,
    concerning violations of Sections 9(a) and 9(b) of the
    Illinois Environmental Protection Act (“Act”),
    Ill..
    Rev. Stat.
    1991,
    ch.
    111½, pars.
    1009(a) and 1009(b),
    and 35 Ill. Ads. Code 201.142 ‘and 201.143 by
    DeNormandie Towel & Linen Supply Company’s operations
    located in Chicago, Cook County, Illinois.
    The
    Stipulation and Settlement agreement are incorporated
    by reference as though fully set forth herein.
    2)
    DeNormandie Towel & Linen Supply Company, shall pay the
    sum of One Thousand Dollars ($1,000.00) within 30 days
    of the date of this Order.
    Such payment must 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 must be sent
    by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Serviges Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    DeNormandie Tàwel & Linen Supply Company, shall also
    write its Federal Eiployer Identification Number or
    Social. Security Number on the.certified check or money
    order.
    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,
    (Ill. Rev.
    Stat.
    1991,
    ch. 120, par. 10—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.
    3)
    DeNormandje Towel
    & Linen Supply company shall cease
    and desist from the alleged violations.
    Section 41 of the Environmental Protection Act
    (Ill.Rev.Stat.
    1991, Ch 111 1/2, par.
    1041) provides for appeal
    of final orders of the Board within 35 days.
    The rules of the
    Supreme Court of Illinois establish filing requirements.
    (But
    OI38~oL~78
    3
    see also
    35
    Ill.
    Adzn. Code 101.246, Motions for Reconsideration,
    and Castenada
    V.
    Illinois Human Rights Commission
    (1989),
    132
    Ill.
    2d 304,
    547 N.E.2d 437.)
    IT IS SO ORDERED.
    Board Member J. Thedore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    ‘Board, hereby certify that the ahoy
    pinion and order was
    adopted on the
    ~2/’~-~
    day of
    ,
    ,
    1993, by a
    vote of
    51
    ,_/7~~?~~1
    -~.
    Dorothy M.
    n, Clerk
    Illinois P
    ution Control Board
    O138-Q~79

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