ILLINOIS POLLUTION CONTROL BOARD
    October
    6, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant
    )
    )
    v.
    )
    PCB 94—228
    (Enforcement)
    ABC RAIL PRODUCTS CORPORATION,
    )
    a Delaware Corporation,
    )
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a three—count
    complaint filed August 22,
    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 ABC Rail Products Corporation
    (ABC Rail),
    a
    Delaware Corporation located in 4544 West 26th Street,
    in the
    City of Chicago, Cook County,
    Illinois.
    The complaint alleges
    that ABC Rail has violated Sections 9(a)
    and 9(b)
    of the Environ-
    mental Protection Act
    (Act), 415 ILCS
    5/9(a),
    5/9(b),
    35 Ill.
    Adm. Code Section 215.204(j) (2),
    35 Ill. Adm. Code 215.946,
    35
    Ill. Adm. 218.204(j) (2),
    35 Ill.
    Adm. Code 218.946,
    35
    Ill.
    Adm.
    Code 201.142 and 35 Ill. Adm. Code 201.143 for air emission
    violations and operating and constructing 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
    August 22,
    1994.
    The Board published a notice of the waiver on
    August 25,
    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
    August 22,
    1994.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    ABC Rail admits the alleged violations and agrees to
    pay a civil penalty of twenty thousand dollars
    ($20,000.00).
    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
    2
    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
    Illinois and ABC Rail concerning its facility located
    in 4544 West 26th 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)
    ABC Rail shall pay the sum of twenty thousand dollars
    ($20,000.00) 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, ABC Rail’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)
    ABC Rail 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
    J. Theodore Meyer Concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cer~iZythat the above pp~ionand order was
    adopted on the
    ~‘
    ~
    day of
    ___________________,
    1994,
    by a
    vote of
    ~
    (//
    ~
    )/~
    ~
    ~
    Dorothy N.
    Gu,hn,
    Clerk
    Illinois Pollution Control Board

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