ILLINOIS POLLUTION CONTROL BOARD
    August 24, 1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 96-7
    (Enforceinent-RCRA)
    ACME WILEY CORPORATION,
    )
    an Illinois corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a fourteen—count
    complaint filed July 12, 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 Acme Wiley Corporation (Acme), an Illinois corporation
    located at 2480 Greenleaf Avenue, Elk Grove Village, Cook County,
    Illinois.
    The complaint alleges that Acme has violated Sections 21(e),
    21(f)(l) and (2), and 21(i), of the Illinois Environmental
    Protection Act (Act), 415 ILCS 5/21(e), 5/21(f) (1) (2), 5/21(1)
    and 35 Ill. Adm. Code 703.121(a), 703.151(a), 722.111,
    722.112(a), 722.134(c), 722.140(c), 722.141(a), 725.111,
    725.113(a) and (b), 725.114(a), (b) and (c), 725.115(a), (b) and
    (c), 725.116(a), 725.117(a) and (b), 725.131, 725.132, 725.135,
    725.137, 725.151(a), 725.155, 725.156, 725.173, 725.175,
    725.212(a), 725.274, 725.276, 728.107(a) and (a)(1), 728.150(a),
    and 809.301 for operating a hazardous waste storage facility
    without a permit, failure to perform hazardous waste
    determination, violation of standards applicable to generators of
    hazardous waste, violation of general standards for hazardous
    waste storage facility, violation of prevention standards,
    failure to have a contingency plan, violation of record keeping
    requirement, violation of reporting requirement, violation of
    closure requirement, violation of waste container requirement,
    violation of location requirement for ignitable or reactive
    waste, violation of land disposal requirement, restricted waste
    storage violations and violation of special waste delivery
    requirement.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    July 12, 1995. The Board published a notice of the waiver on
    July 15, 1995; no objection to granting of the waiver was
    received. Waiver of hearing is hereby granted.
    2
    The parties filed a stipulation and settlement agreement on
    July 12, 1995. The stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. Acme neither admits nor deny the alleged violations
    and agrees to pay a civil penalty of forty two thousand five
    hundred dollars ($42,500.00).
    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.
    ORDER
    1) The Board hereby accepts the stipulation and settlement
    agreement executed by the People of the State of
    Illinois and Acme Wiley Corporation, an Illinois
    corporation located at 2480 Greenleaf Avenue, Elk Grove
    Village, Cook County, Illinois. The stipulation and
    settlement agreement are incorporated by reference as
    though fully set forth herein.
    2) Respondent shall pay the sum of forty two thousand five
    hundred dollars ($42,500.00). Payment of fourteen
    thousand five hundred dollars ($14,500.00) shall be
    made within 30 days (September 23, 1995) of the date of
    this Order. Payment of fourteen thousand dollars
    ($14,000.00) shall be made within 60 days (October 23,
    1995) of the date of this Order. Final payment of
    fourteen thousand dollars ($14,000.00) shall be made
    within 90 days (November 22, 1995) 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, Acme’s Federal Employer
    Identification Number 36-0703295 and that payment is
    directed to the Environmental Protection Trust Fund.
    Any such penalty not paid within the time prescribed
    3
    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) Respondent shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    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 M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abq~yeopinion and order was
    adopted on the ~
    day of ~
    ó’-~7
    ,
    1995, by a
    vote of
    _________
    7~4~
    Dorothy M. dunn, Clerk
    Illinois Pollution Control Board

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