ILLINOIS POLLUTION CONTROL BOARD
    December 1,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    V.
    PCB 93—261
    )
    (Enforcement)
    MIDWEST REFINISHING,
    INC.,
    an Illinois Corporation, and
    KENNETH RUFF,
    individually
    and as President of Midwest
    Refinishing, Inc.,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (By E.
    Dunham):
    This matter comes before the Board upon a two—count
    complaint filed December 22,
    1993, 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 Midwest Refinishing,
    Inc.
    (Midwest), an
    Illinois Corporation and Kenneth Ruff, individually and as
    President of Midwest. Midwest is located at 124-1/2 California
    Street
    ,
    in the city of Sycamore, DeKalb County,
    Illinois.
    The complaint alleges that Midwest and Kenneth Ruff have
    violated Section 21(f)
    of the Illinois Environmental Protection
    Act
    (Act),
    (415 ILCS 5/21(f) (1992)),
    35 Ill. Adm. Code 703.121(a)
    and
    (b),
    703.151(a),
    703.156,
    725.11,
    725.113(a),
    (b)
    and
    (C),
    725.114(a),
    (b) and
    (C),
    725.115(a),
    (b) and
    (d), 725.116(a),
    (b),
    (c), and
    (d), 725,117(a)
    and
    (b), 725.131,
    725.132,
    725.133,
    725.137(a) and
    (b), 725.151(a),
    725.152(a),
    (c),
    (e) and
    (f),
    725.153(b),
    725.173,
    725.175, 725.176,
    725.212(a),
    725.242(a),
    725.273(a) and 725.274 by conducting a hazardous waste storage
    operation without a RCRA permit and violating interim status
    standards for owners and operators of hazardous waste treatment,
    storage and disposal facilities at facilities at a facility
    located at Illinois Route 23 and Plank Road, DeKalb County,
    Illinois.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    October 13,
    1994.
    The Board published a notice of the waiver of
    hearing on October 19,
    1994;
    no objection to grant of the waiver
    was received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement
    2
    on October 13,
    1994.
    The Stipulation sets forth facts relating
    to the nature, operations and circumstances surrounding the
    claimed violations.
    Respondents admit the alleged violations and
    agrees to pay a civil penalty of twenty thousand dollars
    ($20,000.00).
    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.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Midwest Refinishing,
    Inc., and Kenneth
    Ruff, concerning the facility located at Illinois Route
    23 and Plank Road,
    DeKaib County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    Midwest Refinishing,
    Inc.,
    and Kenneth Ruff,
    shall pay
    the
    sum
    of twenty thousand dollars ($20,000.00)
    according to the following schedule:
    a)
    Within thirty days of the date of this order,
    Midwest Refinishing,
    Inc.,
    and Kenneth Ruff,
    shall pay the amount of five thousand
    ($5,000.00).
    b)
    Within six months of this order and every six
    months thereafter Midwest Refinishing,
    Inc.,
    and Kenneth Ruff,
    shall pay the amount of
    five thousand ($5,000.00)
    until payment of
    said penalty is in full.
    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
    3
    indicate on its face, Midwest Refinishing,
    Inc.,
    and
    Kenneth Ruff’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)
    Midwest Refinishing, Inc., and Kenneth Ruff shall cease
    and desist from the alleged violations.
    IT IS SO ORDERED.
    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 M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certj2~that the ab ye opinion and order was
    adopted on the
    /~‘
    day of
    __________________,
    1994,
    by a
    vote of
    7—o
    I
    Control Board

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