ILLINOIS POLLUTION CONTROL BOARD
    July 18, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PHOENIX OIL COMPANY, an Illinois
    corporation,
    Respondent.
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    PCB 96-2
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a two-count complaint filed July 6, 1995, by
    the Attorney General of the State of Illinois, on behalf of the Illinois Environmental Protection
    Agency and the People of the State of Illinois, naming as respondent Phoenix Oil Company
    (Phoenix), an Illinois corporation located at 1434 West 76th Street, Chicago, Cook County,
    Illinois. The complaint alleges that Phoenix violated Sections 9(a) and 9(b) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(a) and 5/9(b)) and 35 Ill. Adm. Code
    201.144 and 201.302 by operating without a permit and failing to submit annual emissions
    reports.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on May 24, 1996. The Board published a notice of the waiver
    on May 28, 1996; no objection to the granting of the waiver was received. Waiver of hearing
    is hereby granted.
    The parties filed a stipulation and settlement agreement on May 24, 1996. The
    stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. Phoenix admits the alleged violations and agrees to pay a civil penalty of
    $6,000.
    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.
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    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois against Phoenix Oil Company (Phoenix), an
    Illinois corporation located at 1434 West 76th Street, Chicago, Cook County,
    Illinois. The stipulation and settlement agreement is incorporated by reference
    as though fully set forth herein.
    2.
    Phoenix shall pay a total sum of $6,000. Payment shall be made pursuant to the
    following schedule:
    a.
    $1,500 within thirty (30) days from the date of this order; and
    b.
    $1,500 every ninety (90) days thereafter until payment is made in full.
    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
    The certified check or money order shall clearly indicate on its face Phoenix’s
    federal employer identification number 36-3493448 and that payment is directed
    to the Environmental Protection Trust Fund.
    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), 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.
    Phoenix shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill. Adm. Code
    101.246 "Motions for Reconsideration.”)
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the _____ day of ___________, 1996, by a vote
    of ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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