ILLINOIS POLLUTION CONTROL BOARD
June 6, 1996
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
RONALD WORKMAN, d/b/a Ron's Service
Center,
Respondent.
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PCB 96-128
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by J. Yi):
This matter comes before the Board upon a three count complaint filed December 28,
1995, by James Ryan, Attorney General of the State of Illinois, on behalf of the Illinois
Environmental Protection Agency and the People of the State of Illinois, against Ronald
Workman d/b/a Ron’s Service Station, doing business at 3801 South Sixth Street, Frontage
Road West, Springfield, Sangamon County, Illinois. The complaint alleges that Ronald
Workman has violated Section 12(a) of the Environmental Protection Act (Act), 415 ILCS
5/12(a) and 35 Ill. Adm. Code 620.115, 620.405, 620.410, and 620.420 by causing or
threatening to cause water pollution, 35 Ill. Adm. Code .731.162 for failing to submit 20 day
report and 35 Ill. Adm. Code 731.165 and 731.166 for failing to submit investigation and
corrective action plans.
Pursuant to 415 ILCS 5/31(a)(1), the parties filed a joint Motion requesting relief from
the Act’s hearing requirements on April 29,1996. The Board published a Notice of the waiver
on May 1, 1996; no objection to granting of the waiver was received. Waiver of hearing is
hereby granted.
The parties filed a Stipulation and Settlement Agreement on April 29, 1996. The
Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
claimed violations. Ronald Workman admits the alleged violations and agrees to pay a civil
penalty of five thousand dollars ($5,000.00).
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.
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ORDER
1)
The Board hereby accepts the Stipulation and Settlement Agreement executed by
the People of the State of Illinois and Ronald Workman d/b/a Ron’s Service
Station, concerning its facility located in Sangamon County, Illinois. The
Stipulation and Settlement Agreement are incorporated by reference as though
fully set forth herein.
2)
Ronald Workman shall pay the sum of five thousand dollars ($5,000.00) in two
installments of twenty-five hundred dollars ($2,500.00) within 60 and 90 days,
respectively, 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, Ronald
Workman d/b/a Ron’s Service Station’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.
4)
A copy of the check and payment transmittal shall be simultaneously submitted
to:
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
5)
Ronald Workman d/b/a Ron’s Service Station shall cease and desist from the
alleged violations.
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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 ______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board