ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB
    94—265
    (Enforcement)
    WORK AREA PROTECTION
    )
    CORPORATION,
    an Illinois
    )
    Corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER
    OF THE BOARD:
    This matter comes before the Board upon a three—count
    complaint filed September 27,
    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 Work Area Protection Corporation, an Illinois
    Corporation located at 2500 Production Drive,
    in the City of St.
    Charles, Kane County, Illinois.
    The complaint alleges that Work
    Area Protection Corporation has violated Sections 9(a),
    9(b)
    and
    25b-2 of the Illinois Environmental Protection Act
    (Act), 415
    ILCS
    5/9(a),
    5/9(b) and 5/25b-2 of the Illinois Environmental
    Protection Act (Act), for improper operation of a emission
    source, failure to eliminate smoke and odor as per operating
    permit conditions and failure to file toxic chemical release
    reporting forms in a timely manner.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    September 27,
    1994.
    The Board published a notice of the waiver
    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 on
    September 27,
    1994.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    Work Area Protection Corporation neither admits nor
    denies the alleged violations and agrees to pay
    a civil penalty
    of sixteen thousand dollars ($16,000.00).
    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 Work Area Protection Corporation,
    concerning its facility located at 2500 Production
    Drive, in the City of St.
    Charles, Kane County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    The Work Area Protection Corporation, shall pay the
    sum
    of sixteen thousand dollars
    ($16,000.00) 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, the Work Area Protection
    Corporation’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)
    Work Area Protection Corporation 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
    3
    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 cert1ify that the above opinion and order was
    adopted on the
    /-~‘
    day of
    ___________________,
    1994,
    by a
    vote of
    -7~O
    2’
    Dorothy M./~unn,Clerk
    Illinois P’~l1utionControl Board

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