ILLINOIS POLLUTION CONTROL BOARD
    February 9,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB
    95—5
    )
    (Enforcement-Air)
    MIDWEST GRAIN PRODUCTS
    )
    OF ILLINOIS,
    INC.,
    a Illinois corporation,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a three—count
    complaint filed January 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,
    against Midwest Grain Products Of Illinois,
    Inc.
    (Midwest), an
    Illinois corporation located at South Front Street, Box 1069,
    in
    the City of Pekin, Tazewell County, Illinois.
    The complaint
    alleges that Midwest has 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), 5/9.1(d) (1),
    40 C.F.R. 52.21(j) (2),(r) (1)
    and 35 Ill. Adm. Code 201.141 by causing or allowing air
    pollution,
    for violation of its permit condition, and for failure
    to the achieve best available control technology
    (BACT).
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    January
    6,
    1995.
    The Board published a notice of the waiver on
    January 13,
    1995; no objection to granting of the waiver was
    received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    January
    6,
    1995.
    The Stipulation sets forth facts relating to
    the nature,
    operations and circumstances surrounding the claimed
    violations.
    Midwest neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of fifteen thousand
    dollars
    ($15,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill.
    Athi. 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 Midwest Grain Products Of Illinois,
    Inc.,
    an Illinois corporation located at South Front Street,
    Box 1069,
    in the City of Pekin, Tazewell County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    Midwest shall pay the civil penalty of fifteen thousand
    dollars
    ($15,000.00) 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 Midwest’s Federal Employer
    Identification Number 48-0911013 and that payment
    is
    directed to the Environmental Protection Trust Fund.
    A copy of the check shall be sent to:
    Zemehert Bereket-Ab
    Assistant Attorney General
    Environmental Control Division
    100 W. Randolph St., 12th Floor
    Chicago, Illinois 60601
    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)
    Midwest shall permanently shut down the fluidized bed
    combustion boiler by the end of calendar 1994.
    4)
    Midwest shall cease and desist from the alleged
    violations.
    3
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41)
    provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35 Ill.
    Adiu.
    Code 101.246, Motion for Reconsideration.)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer~,i~y
    that the abov
    opinion and order was
    adopted on the
    ‘fe-”
    day of
    _________________,
    1995, by a
    vote of
    (~~‘
    Dorothy M.
    Gjalih, Clerk
    Illinois Pol(~3AtionControl Board

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