ILLI
    NOIS POLLUTION CONTROL BOARD
    June 20, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    A.E. STALEY MANUFACTURING
    COMPANY, a Delaware corporation,
    Respondent.
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    PCB 96-142
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by E. Dunham):
    This matter comes before the Board upon a six-count complaint filed December 27,
    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, against A. E. Staley Manufacturing
    Company (Staley), a Delaware Corporation located at 2200 E. Eldorado Street, Decatur,
    Macon County, Illinois. The complaint alleges that Staley violated Sections 9(a), 9(b), and
    9.1(d) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/9(a), 5/9(b), and
    5/9.1(d)) and 35 Ill. Adm. Code 201.141, 212.122(a) and Special Conditions 2a, 2b, 2c, 4b.1
    and 9 of Construction Permit No. PN85070061 by causing or allowing air pollution, excessive
    emission of particulate matter, excessive emission of sulfur dioxide and the failure to operate
    continuous emission monitors for opacity, sulfur dioxide and nitrogen oxides.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on May 6, 1996. The Board published a notice of the waiver on
    May 8, 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 6, 1996. The
    Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. Staley denies the alleged violations and agrees to pay a civil penalty of
    thirty-five thousand dollars ($35,000.00).
    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.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement Agreement executed by
    the People of the State of Illinois and A. E. Staley Manufacturing Company
    (Staley), a Delaware Corporation located at 2200 E. Eldorado Street, Decatur,
    Macon County, Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth herein.
    2)
    Staley, shall pay the sum of thirty-five thousand dollars ($35,000.00) 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, Staley’s
    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)
    Staley 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.")
    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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