ILLINOIS POLLUTION CONTROL BOARD
    June 1,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB
    95—139
    (Enforcement-Air)
    MBL
    (USA)
    CORPORATION,
    an Illinois corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a two—count
    complaint filed Nay
    3,
    1995,
    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 MBL
    (USA)
    Corporation
    (MBL), an Illinois corporation located at 601 Dayton
    Road, Ottawa, LaSalle County, Illinois.
    The complaint alleges
    that
    MBL
    has violated Sections 9(a) and 9(b)
    of the Illinois
    Environmental Protection Act (Act), 415 ILCS
    5/9(a),
    5/9(b)
    and
    35 Ill.
    Adin.
    Code 201.142 and 201.143 by constructing and
    operating 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
    May 3,
    1995.
    The Board published a notice of the waiver on Nay
    8,
    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
    May 3,
    1995.
    The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations.
    MBL admits the alleged violations and agrees to pay
    a civil penalty of fifteen thousand dollars
    ($15,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill.
    Admu. 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 MBL, an Illinois corporation located at
    601 Dayton Road, Ottawa, LaSalle County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    MBL
    shall pay a civil penalty of fifteen thousand
    dollars ($15,000.00) 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, MBL’s Federal Employer
    Identification Number 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)
    MBL 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
    days of the date of service of this order.
    (See also 35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    3
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above
    inion and order was
    adopted on the
    /-‘~
    day of
    _________________,
    1995, by a
    vote of
    7-O
    •
    At,
    Dorothy N. 9(~n,Clerk
    Illinois Pc34ution Control Board

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