ILLINOIS POLLUTION CONTROL BOARD
    February 23,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 93—160
    (Enforcement—Air)
    NAPERVILLE ASPHALT,
    INC.,
    )
    an Illinois corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by M.
    McFawn):
    This matter comes before the Board upon a one—count
    complaint filed August 30,
    1993,
    by the Attorney General of the
    State of Illinois,
    on behalf of the Illinois Environmental
    Protection Agency and the People of the State
    of Illinois,
    against Naperville Asphalt,
    Inc.,
    an Illinois corporation located
    at 622 Route
    34,
    in the City of Aurora, Kane County,
    Illinois.
    The complaint alleges that Naperville Asphalt,
    Inc. has violated
    Sections 9(b) and 9.1(d)
    of the Illinois Environmental Protection
    Act (Act),
    415 ILCS 5/9(b),
    5/9.1(d)
    by exceeding its opacity
    limits as set forth in its Operating Permit 87030079 and by
    violating 40 CFR 60.92 on June
    29,
    1989 and August 11,
    1989.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    January 23,
    1995.
    The Board published a notice of the waiver on
    January 26,
    1995; no objection to the granting of the waiver was
    received.
    Waiver of hearing
    is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    January 23,
    1995.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    Naperville Asphalt,
    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 Naperville Asphalt,
    Inc.,
    an Illinois
    corporation located at 622 Route 34,
    in the City of
    Aurora, Kane County, Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    Naperville Asphalt,
    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, Naperville Asphalt,
    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)
    Naperville Asphalt,
    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 certif,~’that the above opinion and order was
    adopted on the
    ~5
    ~ day of
    __________________,
    1995,
    by a
    vote of
    7~°
    ~
    Dorothy M7j~unn,Clerk
    Illinois ~1lution
    Control Board

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