ILLINOIS POLLUTION CONTROL BOARD
October
11,
1990
PEOPLE OF THE STATE OF
ILLINOIS,
)
Complainant,
v.
)
PCB 90—110
(Enforcement)
HOMAK MFG. CO.,
an Illinois Corporation,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by J
.
C. Marlin):
This matter comes before the Board upon a complaint filed
June 14,
1990, on behalf of the People of the State of Illinois
(“People”),
by and through its attorney, Neil F.
Hartigan,
Attorney General of the State of Illinois, against Homak
Mfg.
Co., located
in Chicago,
Illinois.
The complaint alleges that
Homak Mfg. Co.
has violated Sections 9(a) and
(b)
of the Illinois
Environmental Protection Act
(“Act”),
Ill. Rev. Stat.
1989,
ch.
l1l~,pars.
1001,
et.
seq., and 35 Ill.
Adm. Code 201.142 and
201.143 of the Board’s rules and regulations.
Hearing on this matter was held September
11,
1990 in
Chicago,
Illinois.
At hearing,
the parties submitted a
Stipulation and Settlement Agreement,
executed by the parties.
The Stipulation sets forth
facts pertaining to the nature,
operations,
and circumstances surrounding the claimed
violations.
Homak Mfg.
Co. admits to past violations of Sections
9(a)
and
(b)
of the Act and
35 Ill. Adm.
Code 201.142 and 201.143
and agrees to pay a civil penalty of one thousand dollars
($1,000).
Homak Mfg.
Co. further agrees to cease and desist from
the alleged violations.
The Board finds
the Settlement Agreement acceptable under
35
Ill. Adm. 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.
This Opinion constitutes the Board’s findings of fact and
conclusions of law
in this matter.
115—289
—2—
ORDER
1.)
The Board hereby accepts the Stipulation and
Settlement Agreement executed by the People of the
State of
Illinois and Homak Mfg.
Co., concerning Homak
Mfg. Co.’s operations located in Chicago,
Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2.,)
Homak Mfg. Co. shall pay the sum of one thousand
dollars ($1,000) 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, and shall be sent by First
Class mail
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield,
IL
62794—9276
Homak Mfg.
Co. shall also write
its Federal Employer
Identification Number
or Social Security Number on the
certified check
or money order.
Section 41 of the Environmental Protection Act,
Ill. Rev.
Stat.
1989,
ch. 11l~,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.
IT IS SO ORDERED.
Board Member
J. Theodore Meyer dissented.
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above~Op~j~on
and Order was
adopted on the
//tT day of
__________________,
1990, by a
vote of
-~~~—/
1111
~on Control Board
U 5—290