ILLINOIS POLLUTION CONTROL BOARD
January 11, 1995
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
V.
PCB
94—376
(Enforcement)
ACORN WIRE
AND
IRON WORKS,
an Illinois corporation,
Respondent.
OPINION
AND ORDER
OF THE BOARD:
This matter comes before the Board upon a three—count
complaint filed December 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 Acorn Wire and Iron Works, an Illinois
corporation located at 4940 S. Kilbourn,
in the City of Chicago,
Cook County,
Illinois.
The complaint alleges that Acorn Wire and
Iron Works has violated Sections 9(a) and 9(b) of the Illinois
Environmental Protection Act (Act),
415 ILCS
5/9(a),
5/9(b),
35
Ill. Adm. Code 218.204(j), 35 Ill. Adm. Code 201.144 and 35 Ill.
Adm. Code 212.309(a)
for excessive VOM emissions, operating
emission sources without the proper permits and failure to submit
an operating program.
Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
Motion requesting relief from the Act’s hearing requirement on
December 9,
1994.
The Board published a notice of the waiver on
December 15,
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
December 9,
1994.
The Stipulation sets forth facts relating to
the nature, operations and circumstances surrounding the claimed
violations.
Acorn Wire and Iron Works admits the alleged
violations and agrees to pay a civil penalty of two thousand
dollars
($2,000.00).
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 Acorn Wire and Iron Works,
concerning its
facility located at 4940 S. Kilbourn, in the City of
Chicago, Cook County, Illinois.
The Stipulation and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2)
Acorn Wire and Iron Works,
shall pay the sum of two
thousand dollars
($2,000.00) 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, Acorn Wire and Iron Works’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)
Acorn Wire and Iron Works 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 N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certi~ythatthe ako~veopinion and order was
adopted on the
//~
day of
__________________,
1995,
by a
vote of
~
.
(,1
(J
,,
Clerk
llution Control Board