ILLINOIS POLLUTION CONTROL BOARD

March 7,

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 upon a one-count complaint filed August 3,

1995, by

the Attorney General ofthe

State ofIllinois,

on behalfofthe Illinois Environmental Protection

Agency and the People ofthe 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) ofthe Illinois Environmental

Protection Act (Act), (415 ILCS

5/21(i)) and

35 Ill. Adrn.

Code 722.141(a) by failure to

file its

hazardous waste annual report in a timely fashion.

Pursuant to 415 ILCS

5/31(a)(2), the parties filed a joint motion requesting relief from the

Act’s hearing requirement on Januaty 8,

1996.

The Board published a notice ofthe waiver on

January 25,

1996;

no objection to the granting ofthe wavier was received.

Waiver

ofhearing 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 admits the alleged violations and agrees to pay a civil penalty

ofthirteen thousand

dollars ($13,000.00).

The Board finds the settlement agreement acceptable under 35 Iii.

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 offact and conclusions oflaw in this matter.

---

2

ORDER

1)

The Board hereby accepts the Stipulation and Settlement Agreement executed by

the People ofthe State ofIllinois and Harper-Wyman Company, a Delaware

Corporation located at 525 Elm Place, Princeton, Bureau County.

The Stipulation

and Settlement Agreement are incorporated by reference as though fully set forth

herein.

2)

Harper-Wyman shall pay the sum ofthirteen thousand dollars ($13,000.00) within

30 days ofthe date ofthis Order.

Such payment shall be made by certified check

or money order payable to the Treasurer ofthe State ofIllinois, 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 ofthe 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 ofan

appeal during which payment ofthe penalty has been stayed.

3)

Harper-Wyman shall cease and desist

from the alleged violations.

Section 41

ofthe Environmental Protection Act

(415 ILCS

5/41)

provides for the appeal

offinal Board orders within 35

days ofthe date of service ofthis order.

(See also 35 Ill.

Adm.

Code

101.246, Motion forReconsideration.)

IT IS

SO

ORDERED.

I, DorothyM. Gunn, Clerk ofthe Illinois,Pollution Control Board, hereby certify that the

above order was adopted on the

~

day of

7~

t~-t~L~

,

1996,

by a vote of

~

:~

Dorothy M.f.~1inn,Clerk

Illinois Pol1i~tion

Control Board