ILLINOIS POLLUTION CONTROL BOARD
    March 21,
    1996
    PEOPLE
    OF THE STATE OF ILLINOIS
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 96-32
    )
    (Enforcement
    -
    RCRA)
    HARPER-WYMAN
    COMPANY,
    )
    a Delaware corporation,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by E.
    Dunham):
    This matter comes before the Board on an
    “Agreed Motion for Reconsideration
    and Modification ofMarch 7,
    1996 Order”
    filed on March
    15,
    1996.
    The parties
    request that “Harper-Wyman admits the
    alleged violation” be stricken from the order
    because the Stipulation and Proposal
    for Settlement submitted by the parties did not
    contain an admission of violation.
    The Board hercby grants thc motion for reconsideration.
    The Board hereby
    voids its order of March 7,
    1996 and reissues its order with the correction.
    This matter comes before the Board upon a one-count complaint filed August 3,
    1995, by the
    Attorney General of the State ofIllinois,
    on behalf of the Illinois
    Environmental Protection Agency and the People of the State of Illinois, against
    Harper-Wyman Company (Harper-Wyman), a Delaware Corporation located at
    525
    Elm Place, Princeton, Bureau County.
    The complaint alleges that Harper-Wyman has
    violated Section
    21(i) of the Illinois Environmental Protection Act (Act),
    (415 ILCS
    5/21(i)) and 35
    111.
    Adm. Code 722.141(a) by failure to file its hazardous waste annual
    report in a timely fashion.
    Pursuant to 415
    ILCS
    5/3
    1(a)(2),
    the parties filed a joint motion requesting
    relief from the Act’s hearing requirement on January 8,
    1996.
    The Board published a
    notice ofthe waiver on January
    25,
    1996;
    no objection to the granting ofthe wavier
    was received.
    Waiver of hearing
    is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on January
    8,
    1996.
    The
    Stipulation sets forth facts
    relating to the nature, operations and circumstances
    surrounding the claimed violations.
    Harper-Wyman agrees to pay a civil penalty of
    thirteen thousand dollars ($13,000.00).
    2
    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.
    ORDER
    1)
    The Board hereby accepts the
    Stipulation and Settlement Agreement
    executed-by
    the People of the State of Illinois and Harper-Wyman
    Company, a Delaware Corporation located at
    525
    Elm Place, Princeton,
    Bureau County.
    The
    Stipulation and Settlement Agreement are
    incorporatedby reference as though fully
    set forth herein.
    2)
    Harper-Wyman shall pay the sum ofthirteen thousand dollars
    ($13,000.00) within 30 days of the date of this Order.
    Such payment
    shall be made by certified check or money order payable to the
    Treasurer ofthe 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,
    Harper-Wyman’s Federal Employer Identification Number 36-2938018
    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)
    Harper-Wyman shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    3
    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. Adm.
    Code
    101.246,
    Motion for Reconsideration.)
    I, Dorothy M. Gunn,
    Clerk ofthe Illinois Pollution Control Board, hereby
    certify that the above order was adopted on the ~J/~~day
    of
    ,
    1996,
    byavoteof
    7—a
    /
    _
    C’
    i,
    Clerk
    Control Board
    Liorol
    Illinois
    Th

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