ILLINOIS POLLUTION CONTROL BOARD
    February 23,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB
    94—392
    (Enforcement-Air)
    BURKART FOAN,
    INC.,
    an Illinois corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed December 30,
    1994 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 Burkart Foam,
    Inc., an Illinois corporation located in
    the City of Cairo, Alexander County,
    Illinois.
    The complaint
    alleges that Burkart Foam,
    Inc. has violated Section 25b-2 of the
    Illinois Environmental Protection Act
    (Act),
    (415 ILCS
    5/25b—2),
    pertaining to toxic chemical release reporting requirements.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    December 30,
    1994.
    The Board published a notice of the waiver on
    January
    5,
    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
    December 30,
    1994.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    Burkart Foam,
    Inc. neither admits nor denies the
    alleged violations and agrees to pay a civil penalty of two
    thousand eight hundred fifty dollars ($2,850.00).
    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.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    2
    Illinois and Burkart Foam, Inc. concerning its facility
    located in the City of Cairo, Alexander County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    Burkart Foam,
    Inc. shall pay the sum of two thousand
    eight hundred fifty dollars
    ($2,850.00) 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, Burkart Foam,
    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)
    Burkart Foam,
    Inc. shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    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, Notion for Reconsideration.)
    3
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cert~.fy0thatthe above opinion and order was
    adopted on the
    7~/~
    day of
    __________________,
    1995, by a
    vote of
    ________
    Dorothy
    Gunn,
    Clerk
    Illinoi~—Pollution Control Board

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