ILLINOIS POLLUTION CONTROL BOARD

October

11,

1990

PEOPLE OF THE STATE OF

)

ILLINOIS,

Complainant,

v.

)

PCB 90—120

)

(Enforcement)

WILLIAM J.

LANGHEIM,

d/b/a LANGHEIM READY MIX,

PATRICK LANGHEIM, d/b/a

LANGHEIM READY MIX, and

)

CONCRETE MIDWEST CO.,

INC.,

Respondents.

MICHAEL FRANKLIN APPEARED ON BEHALF OF THE COMPLAINANT.

OPINION AND ORDER OF THE BOARD

(by J. Anderson):

This matter comes before the Board upon a complaint filed

June 21,

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 William J.

Langheim, d/b/a Langheim Ready Mix, Patrick Langheim, d/b/a

Langheim Ready Mix, and Concrete Midwest Co.,

Inc.,

(“Langheim”)

located

in Pawnee and Curran,

Sangamon County,

Illinois.

The

complaint alleges that Langheim, has violated Sections 9(a) and

(b)

of the Illinois Environmental Protection Act

(“Act”),

Ill.

Rev.

Stat.

1989,

ch. ll1~,pars.

1001,

et. seq., and

35

Ill.

Adm.

Code 201.142,

201.143 and 201.144 of the Board’s rules and

regulations.

Hearing on this matter was held September

21,

1990

in

Sangarnon County, Springfield

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.

William and Patrick Langheini admit

to past

violations of Sections 9(a)

and

(b)

of the Act and 35

Ill.

Adm.

Code 201.141 and 201.144.

Concrete Midwest admits to past

violations of Section 9(b) of the Act and 35

Ill. Adm. Code

201.142,

201.143 and 201.144.

Langheim, agrees to pay a civil

penalty of two thousand five hundred dollars

($2,500).

Langheim

further agrees to cease and desist from the alleged violations.

115—303

---

—2—

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.

ORDER

1.)

The Board hereby accepts the Stipulation and

Settlement Agreement executed by the People of the

State of Illinois and William

3.

Langheim,

d/b/a

Langheim Ready Mix, Patrick Langheim, d/b/a Langheim

Ready Mix, and Concrete Midwest Co.,

Inc.,

concerning

Langheim’s operations located in Pawnee and Curran,

Sangamon County,

Illinois.

The Stipulation and

Settlement Agreement are incorporated by reference as

though fully set forth herein.

2.)

Langheim shall pay the sum of two thousand five

hundred dollars

($2,500) 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

Langheim 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. ll1~,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

3. Theodore Meyer dissented.

115— 304

---

—3—

I,

Dorothy M. Gunn, Clerk of

the Illinois Pollution Control

Board, hereby certify that the abovQ. Opinion and Order was

adopted on the

//~

day of

__________________,

1990, by

a

vote of

~—,,‘

,.

~

f/~

/~j

Dorothy M. ,G?nn, Clerk

Illinois P~,XlutionControl Board

115—305