ILLINOIS POLLUTION CONTROL BOARD
December 1, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
v.
PCB 94—134
(Enforcement)
BAXLEY
CONSTRUCTION CORPORATION
)
a Illinois Corporation,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD (by G.P. Girard):
This matter comes before the Board upon a complaint filed
April 22, 1994, on behalf of the People of the State of Illinois
(“People”), by and through its attorney, Roland W. Burns,
Attorney General of the State of Illinois, against Bakley Con-
struction Corporation (Bakley), a Illinois Corporation located in
Woodstock and Huntley, McHenry County, and Huntley, Kane County,
Illinois. The complaint alleges that Bakley has violated Sec-
tions 9(b) and 12(a), (b) and (f) of the Illinois Environmental
Protection Act (“Act”), 415 ILCS 5/12(a), (b), and (f) (1992) and
415 ILCS 5/9(b) (1992), and 35 Ill. Adin. Code 404.101(a) (1) and
(2), 35 Ill. Adm. Code 403.102, 35 Ill. Adin. Code 403.104(a), 35
Ill. Adin. Code 201.142 and 201.143 of the Board’s rules.
Hearing was held on October 20, 1994, before Board Hearing
Officer Alan Shoenberger in Woodstock, McHenry County, Illinois.
No members of the public appeared at the hearing. (Tr. at 1.)
At the hearing the parties indicated that a stipulation would be
filed.
A Stipulation and Proposal for Settlement was filed by the
parties on November 7, 1994. The Stipulation sets forth facts
relating to the nature, operations and circumstances surrounding
the claimed violations. Bakley admits the alleged violations.
Bakley agrees to pay a civil penalty of Eighteen Thousand Dollars
($18,000.00).
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 Illi-
nois and Bakley, concerning its operations located in
Woodstock and Huntley, McHenry County, and Huntley,
Kane County, Illinois. The Stipulation and Settlement
Agreement are incorporated by reference as though fully
set forth herein.
2) The Bakley Construction Corporation shall pay the sum
of Eighteen Thousand Dollars ($18,000.00) 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
Bakley shall also write its Federal Employer Identif 1-
cation Number or Social Security Number on the certi-
fied check or money order.
Any such penalty not paid within the time prescribed
shall incur interest at the rate set forth in subsec-
tion (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 penden-
cy of an appeal during which payment of the penalty has
been stayed.
3) Bakley shall cease and desist from the alleged viola-
tions.
Section 41 of the Environmental Protection Act (415 ILCS
5/41) provides for the appeal of final Board orders within 35
days. The Rules of the Supreme Court of Illinois establish
filing requirements. (See also 35 Ill. Adm. Code 101.246, Motion
for Reconsideration.)
Board Member 3. Theodore Meyer concurred.
IT IS SO ORDERED
3
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the abov~opinion and order was
adopted on the
~
day of
__________________,
1994, by a
vote of
________
/
~
~L,
~borothy N. 9~’nn, Clerk
Illinois Po~llutionControl Board