ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    V.
    )
    PCB 94—143
    )
    (Enforcement)
    BASLER ELECTRIC
    COMPANY,
    )
    an Illinois Corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD (By E. Dunham):
    This matter comes before the Board upon a one—count
    complaint filed May 5, 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 Basler Electric Company, an Illinois
    Corporation, located on Route 143, in the city of Highland,
    Madison County, Illinois. The complaint alleges that Basler
    Electric Company has violated Section 9(a) of the Illinois Envi-
    ronmental Protection Act (Act), (415 ILCS 5/9 (a) (1992)) and 35
    Ill. Adni. Code SS 201.141, 219.204(j), and 219.211(d) by failing
    to comply with the emissions limitations for VON by May 15, 1992
    and by failing to certify compliance with the emission
    limitations for VON upon changing the method of compliance.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    mcition requesting relief from the Act’s hearing requirement on
    October 5, 1994. The Board published a notice of the waiver of
    hearing on October 24, 1994; no objection to grant of the waiver
    was received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement
    on October 5, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Basler Electric Company admits the alleged
    violations and agrees to pay a civil penalty of fourteen thousand
    dollars ($14,000.00).
    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.
    2
    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 Basler Electric Company, concerning its
    facility located at Route 143, in the city of Highland,
    Madison County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) Basler Electric Company, shall pay the sum of fourteen
    thousand dollars ($14,000.00) 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, Basler Electric Company’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) Basler Electric Company 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
    3
    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 abo~opinion and order was
    adopted on the
    /~
    day of
    ~
    ,
    1994, by a
    vote of
    7~c~
    .
    ~i2 ~
    ,~L
    ,
    Clerk
    Illinois lution Control Board

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