ILLINOIS POLLUTION CONTROL BOARD
July 20, 1995
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB 95—181
)
(Enforcement—Air)
KROPP FORGE, a subsidiary
)
of TIC UNITED CORPORATION,
)
a Delaware corporation,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD:
This matter comes before the Board upon a one—count
complaint filed September 9, 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 Kropp Forge, a subsidiary of TIC United Corporation, a
Delaware corporation, located at 5301 West Roosevelt Road,
Cicero, Cook County, Illinois. The complaint alleges that Kropp
Forge has violated Sections 9(a) and 9(b) of the Illinois Envi-
ronmental Protection Act (Act), 415 ILCS 5/9(a), 5/9(b) and 35
Ill. Adm. Code 201.142 by constructing emission sources without
the proper permits.
Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
motion requesting relief from the Act’s hearing requirement on
June 23, 1995. The Board published a notice of the waiver on
June 28, 1995; no objection to the granting of the waiver was
received. Waiver of hearing is hereby granted.
The parties filed a Stipulation and Settlement Agreement on
June 23, 1995. The Stipulation sets forth facts relating to the
nature, operations and circumstances surrounding the claimed
violations. Kropp Forge admits the alleged violations and agrees
to pay a civil penalty of sixteen thousand dollars ($16,000.00).
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 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 Kropp Forge, a subsidiary of TIC United
Corporation, a Delaware corporation, located at 5301
West Roosevelt Road, Cicero, Cook County, Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2) Kropp Forge shall pay a civil penalty of sixteen
thousand dollars ($16,000.00) 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 Kropp Forge’s Federal Employer
Identification Number 75-1790273 and that payment is
directed to the Environmental Protection Trust Fund.
A copy of the payment check shall be sent to:
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
100 W. Randolph
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) Kropp Forge shall cease and desist from the alleged
violations.
IT IS SO ORDERED.
3
Board Member J. Theodore Meyer concurred.
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 N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above o inion and order was
adopted on the
~
day of
___________________,
1995, by a
vote of
_________
.
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Dorothy M.,Gunn, Clerk
Illinois pollution Control Board