ILLINOIS POLLUTION CONTROL BOARD
    March 7, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB96-127
    )
    (Enforcement
    -
    Air)
    DYNAWELD, INC.,
    )
    an Illinois corporation,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board upon a five-count complaint filed December 14,
    1995, by the Attorney General ofthe State ofIllinois, on behalf ofthe Illinois Environmental
    Protection Agency and the People ofthe State ofIllinois, against Dynaweld, Inc. (Dynaweld), an
    illinois corporation, located at 631 Plum, Aurora Township, Kane County, Illinois. The com-
    plaint alleges that Dynaweld has violated Sections 9(a) and 9(b) ofthe illinois Environmental
    Protection Act (Act),
    (415
    ILCS 5/9(a), 5/9(b)) and 35 Iii. Adm. Code 201.142, 201.143,
    218.204(j)(2) and 218.105(a) by constructing and operating emission sources without the proper
    pennits, operating the shotblaster and baghouse dust collector without a permit, operating the five
    spray booths without a permit, exceeding emission limitations, and failure to comply with test
    methods and procedures.
    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 26, 1996; no objection to the granting ofthe waiver 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. Dynaweld denies the alleged violations but agrees to pay a civil penalty often
    thousand dollars ($10,000.00).
    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 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 Dynaweld, Inc., an Illinois corporation,
    located at 631 Plum, Aurora Township, Kane County, Illinois. The Stipulation
    and Settlement Agreement are incorporated by reference as though fully set forth
    herein.
    2)
    Dynaweld shall pay the sum often thousand dollars ($10,000.00) within 30 days of
    the 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, Illinois 62794-9276
    A copy ofthe check shall be sent to:
    Zemeherer Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    100 West Randolph Street, 12th Floor
    Chicago, Illinois 60601
    The certified check or money order shall clearly indicate on its face, Dynaweld ‘s
    Federal Employer Identification Number 36-2487152 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)
    Dynaweld shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    Section 41 ofthe Environmental Protection Act(415 ILCS 5/41 (1994)) provides for the
    appeal offinal Board orders within 35 days of the date ofservice ofthis order. The Rules ofthe
    3
    Supreme Court ofIllinois establish filing requirements. (See also 35 ill. Adm. Code 101.246
    “Motions for Reconsideration”.)
    I, Dorothy M. Gunn, Cler~fthe Illinois Pollution Control Board, hereby certi& that the
    above order was adopted on the /
    ‘~
    day of
    Y-’~-~-’-’
    ,
    1996, by a vote of
    Dorothy M. ~inn,
    )?~
    Clerk
    ~
    Illinois Po114t~onControl Board
    S
    S
    S

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