ILLINOIS POLLUTION CONTROL BOARD
    January
    11,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 94—245
    (Enforcement)
    KLUETER BROTHERS CONCRETE
    )
    I
    INC.,
    an Illinois Corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by H. McFawn):
    This matter comes before the Board upon a one-count
    complaint filed September 9, 1994, by Roland W. Burns, Attorney
    General of the State of Illinois, on behalf of the Illinois
    Environmental Protection Agency and the People of the State of
    Illinois, against Klueter Brothers Concrete Products, Inc.
    (Klueter), an Illinois corporation located at 5257 State Route
    157, in the City of Edwardsville, Madison County, Illinois. The
    complaint alleges that Klueter has violated Section 9(b) of the
    Illinois Environmental Protection Act (Act), 415 ILCS 5/9 (b) and
    35 Ill. Adm. Code 201.146 by operating an emission source 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
    November 28, 1994. The Board published a notice of the waiver on
    November 29, 1994; no objection to granting of the waiver was
    received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    November 28, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Klueter admits the alleged violations and agrees to
    pay a civil penalty of one thousand two hundred and fifty dollars
    ($1,250.00).
    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 Klueter, concerning its facility located
    at 5257 State Route 157, in the City of Edwardsville,
    Madison County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) Klueter, shall pay the sum of one thousand two hundred
    and fifty dollars ($1,250.00) 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:
    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, Klueter’s Federal Employer
    Identification Number or Social Security 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) Klueter shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer concurred.
    3
    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 H. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above-oDinion and order was
    adopted on the //~ day of
    vote of
    ________
    1995, by a
    Control Board

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