ILLINOIS POLLUTION CONTROL BOARD
    December 20,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    )
    v.
    )
    PCB 94—174
    (Enforcement-Air)
    FEENEY OIL COMPANY,
    INC.,
    )
    an Illinois corporation,
    )
    )
    Respondent.
    )
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.A. Manning):
    This matter comes before the Board upon a three—count
    complaint filed June 8,
    1994, 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 Feeney Oil Company,
    Inc.
    (Feeney), an Illinois
    corporation, located near the City of El Paso, Woodford County,
    Illinois.
    The complaint alleges that Feeney has violated Section
    9.1(d)(1)
    of the Illinois Environmental Protection Act (Act),
    415
    ILCS 5/9.1(d) failure to provide notification of asbestos
    demolition activity, violation of asbestos emission control
    procedures, and
    improper
    disposal of asbestos—containing
    material.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    November 13,
    1995.
    The Board published a notice of the waiver on
    November 15, 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
    November 13,
    1995.
    The stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    Feeney admits the alleged violations and agree to
    pay a civil penalty of five thousand dollars
    ($5,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill.
    Adin.
    Code 103.180.
    This settlement agreement in no way
    affects respondents’ 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 Feeney Oil Company, Inc.,
    an Illinois
    corporation,
    located near the City of El Paso, Woodford
    County,
    Illinois.
    The stipulation and settlement
    agreement are incorporated by reference as though fully
    set forth herein.
    2)
    Feeney shall pay the sum of five thousand dollars
    ($5,000.00) within five
    (5) months of the date of this
    order.
    Payment of one thousand dollars
    ($1,000.00)
    shall be made within thirty
    (30) days of this order.
    The remaining balance shall be paid in four equal
    installments of one thousand dollars
    ($1,000.00) due
    thirty days after the first payment, until the penalty
    is paid in full.
    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,
    Feeney’s Federal Employer
    Identification Number 37-1069787 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)
    Feeney shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    Board Member 3. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    3
    days of the date of service of this order.
    (See also 35 Ill.
    Adiu. Code 101.246, Motion for Reconsideration.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certifX that the above opinion and order was
    adopted on the
    c~?O~i~
    day of
    __________________,
    1995, by a
    vote of
    7~~)
    (2
    Dorothy !~(/Gunn,Clerk
    Illinois/follution Control Board

    Back to top