ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    v.
    PCB 94—315
    (Enforcement)
    MODERN STEEL TREATING COMPANY,
    an Illinois corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed October 31, 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 Modern Steel Treating Company, an Illinois
    corporation located at 1010 West 122nd Street, in the City of
    Chicago, Cook County, Illinois. The complaint alleges that
    Modern Steel Treating Company by operating without a permit has
    violated Sections 9(a) and 9(b) of the Environmental Protection
    Act (Act), (415 ILCS 5/9(a), 5/9(b) (1992)), 35 Iii. Adm. Code
    212.123(a) and 201.143.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    October 31, 1994. The Board published a notice of the waiver on
    November 2, 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 31, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Modern Steel Treating Company neither admits nor
    denies 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. Adin. 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 Modern Steel Treating Company, concerning
    its facility located at 1010 West 122nd Street, in the
    City of Chicago, Cook County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2) Modern Steel Treating Company, 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, Modern Steel Treating Company’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) Modern Steel Treating Company 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.
    Adju. Code 101.246, Motion for Reconsideration.)
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the ab ye opinion and order was
    adopted on the
    /~W
    day of
    ___________________,
    1994, by a
    vote of 7-c)
    •
    Dorothy M. ,~inn, Clerk
    Illinois P4~1utionControl Board

    Back to top