ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—301
    )
    (Enforcement)
    COLFAX CORPORATION,
    an Illinois Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a three—count
    complaint filed October 24, 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 Colfax Corporation, an Illinois Corporation,
    located at 2441 North Leavitt, Chicago, Cook County, Illinois.
    The complaint alleges that Colfax Corporation has violated
    Sections 9(a) and 9.l(d)(1) of the Illinois Environmental
    Protection Act (Act), 415 ILCS 5/9(a), 5/9.1(d) and 40 C.F.R.
    §61.145(b) (4) and 61.145(c)(3)(i)(A)(B)(1), (2), (3)(ii)(iii) and
    (b) (i) for inadequate notification of asbestos demolition and
    renovation activity, improper wetting procedures and improper
    sealing at the Joliet Army Ammunition Plant located in Will
    County, Illinois.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Notion requesting relief from the Act’s hearing requirement on
    October 24, 1994. The Board published a Notice of the waiver on
    October 26, 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 24, 1994. The Stipulation sets forth facts relating
    to the nature, operations and circumstances surrounding the
    claimed violations. Colfax Corporation neither admits nor denies
    the alleged violations and agrees to pay a civil penalty of
    eleven thousand dollars ($11,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Athn. 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 Colfax Corporation, concerning the Joliet
    Army Ammunition Plant located in Will County, Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) Colfax Corporation, shall pay the sum of eleven
    thousand dollars ($11,000.00) 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, Colfax 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) Colfax Corporation shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    Board Member 3. 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 M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    ,/-‘~
    day of
    _________________,
    1994, by a
    vote of -7--~9
    .
    2
    /~.
    Dorothy N,//Gunn, Clerk
    Illinois ~ó1lution Control Board

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