ILLINOIS POLLUTION CONTROL BOARD
December 1, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
v.
)
PCB 94—296
(Enforcement)
AMERICAN CIRCUIT SYSTEMS, INC.,
an Illinois Corporation,
Respondent.
OPINION AND ORDER OF THE BOARD:
This matter comes before the Board upon a one—count
complaint filed October 18, 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 American Circuit Systems, Inc., an Illinois
corporation located at 712 Westgate, in the City of Addison,
DuPage County, Illinois. The complaint alleges that American
Circuit Systems, Inc. has violated Section 21(i) of the Illinois
Environmental Protection Act (Act), (415 ILCS 5\21(i)) and 35
Ill. Adm. Code 722.141(a) for failure to file an annual report 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
October 18, 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 18, 1994. The Stipulation sets forth facts relating to
the nature, operations and circumstances surrounding the claimed
violations. American Circuit Systems, Inc. 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 American Circuit Systems, Inc., concerning
its facility located at 712 Westgate, in the City of
Addison, DuPage County, Illinois. The Stipulation and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2) American Circuit Systems, Inc., 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, the American Circuit Systems,
Inc.’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) American Circuit Systems, Inc. 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 abo~eopinion and order was
adopted on~the
/-~‘~
day of
__________________,
1994, by a
vote of
/ C) •
~
~1~orothy M. Gu~th,
~
Clerk
Illinois Pol’Lütion Control Board