ILLI
    NOIS POLLUTION CONTROL BOARD
    July 18, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DONALD AND ROBERT HASTIE, d/b/a
    HASTIE TRUCKING AND MINING
    COMPANY, a Partnership,
    Respondents.
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    PCB 96-202
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    This matter comes before the Board upon a four-count complaint filed March 22, 1996,
    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, against Donald and Robert Hastie
    d/b/a Hastie Trucking and Mining Company (respondents), regarding their limestone crushing
    facility at Cave-in-Rock, Hardin County, Illinois. The complaint alleges that respondents
    violated Sections 9(a), 9(b), and 9.1(d)(1) of the Illinois Environmental Protection Act (Act)
    (415 ILCS 5/9(a), 5/9(b), and 5/9.1(d)(1)) and 35 Ill. Adm. Code 201.141, 212.301
    212.302(a), 212.321, 212.322, 254.130, 254.132, 254.402(b), 254.403, 254.404 and Special
    Conditions 1b, 1c, 3, and 4 of Operating Permit No. PN90080074 by causing or allowing air
    pollution, causing or allowing excessive emission of particulate matter, failure to comply with
    new source performance standards, and the failure to submit annual emission 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 31, 1996. The Board published a notice of the waiver
    on June 13, 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 31, 1996. The
    Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. Respondents admits the alleged violations and agrees to pay a civil penalty
    of three thousand dollars ($3,000.00).
    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.
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    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 against Donald and Robert Hastie d/b/a Hastie
    Trucking and Mining Company (respondents), regarding their limestone
    crushing facility at Cave-in-Rock, Hardin County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as though fully set forth
    herein.
    2)
    Respondents, shall pay the sum of three thousand dollars ($3,000.00) 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
    The certified check or money order shall clearly indicate on its face,
    respondents Federal Employer Identification Number or Social Security Number
    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)
    Respondents shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    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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