ILLINOIS POLLUTION CONTROL BOARD
    August
    24,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB
    96—11
    (Enforcement-Land)
    ELMHURST-CHICAGO STONE
    COMPANY,
    a Delaware
    corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a two—count
    complaint filed July 18,
    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 Elmhurst-Chicago Stone Company (Elmhurst-Chicago Stone),
    a Delaware corporation located on Eastern Avenue,
    in the City of
    South Beloit, Winnebago County,
    Illinois.
    The complaint alleges
    that Eliithurst-Chicago Stone has violated Sections 2l(d)(1),
    2l(d)(2), and 21(1)(a)
    of the Illinois Environmental Protection
    Act (Act),
    (415 ILCS
    5/21(d)(l),
    5/21(d) (2), 5/21.1(a) (1992)
    and
    35 Ill. Adm. Code 807.601 for failure to provide financial
    assurance and the violation of the conditions of its operating
    report
    *
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    July 18,
    1995.
    The Board published a notice of the waiver on
    July 21,
    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
    July 18,
    1995.
    The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations.
    Elmhurst-Chicago Stone denies the alleged violations
    and agrees to pay a civil penalty of eleven thousand dollars
    ($11,000.00).
    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 Elmhurst-Chicago Stone Company,
    a Delaware
    corporation located on Eastern Avenue,
    in the City of
    South Beloit, Winnebago County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    Elmhurst—Chicago Stone shall pay the sum of eleven
    thousand dollars
    ($11,000.00) 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 Elmhurst—Chicago Stone’s Federal
    Employer Identification Number 36-1039230 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)
    Elmhurst—Chicago Stone 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, Notion for Reconsideration.)
    3
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the abo~eopinion and order was
    adopted on the
    ~
    day of
    ~
    ,
    1995,
    by a
    vote of
    ________*
    (J
    J-~x~4~
    Dorothy M./~unn,Clerk
    Illinois P~l1utionControl Board

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