ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    V.
    )
    PCB 94—291
    (Enforcement)
    THE ART INSTITUTE OF CHICAGO,
    )
    a Illinois corporation,
    )
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed October 13, 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 The Art Institute of Chicago, an Illinois
    corporation located at 212 East Jackson, in the City of Chicago,
    Cook County, Illinois. The complaint alleges that The Art
    Institute of Chicago has violated Sections 9(a) and 9(b) of the
    Illinois Environmental Protection Act (Act), 415 ILCS 5/9(a),
    5/9(b) for operating emission sources without the proper permits.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    October 13, 1994. The Board published a notice of the waiver on
    October 20, 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 13, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. The Art Institute of Chicago admits the alleged
    violations and agrees to pay a civil penalty of one thousand
    dollars ($1,000.00).
    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 The Art Institute of Chicago, concerning
    its facility located at 212 East Jackson, in the City
    of Chicago, Cook County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) The Art Institute of Chicago, shall pay the sum of one
    thousand dollars ($1,000.00) 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 Art Institute of Chicago’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) The Art Institute of Chicago 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
    days of the date of service of this order. (See also 35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    3
    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
    ~
    Dorothy M.
    Illinois
    Control Board

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