ILLINOIS POLLUTION CONTROL BOARD
    December 14, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—135
    (Enforcement)
    RELIABLE SAND AND
    )
    GRAVEL, INC.,
    )
    an Illinois corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C. A. Manning):
    This matter comes before the Board upon a four—count
    complaint filed April 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 Reliable Sand and Gravel, Inc. (Reliable), an
    Illinois corporation located at 2121 South River Road, in the
    City of McHenry, Mchenry County, Illinois. The complaint alleges
    that Reliable has violated Sections 12(b) and 9(b) of the
    Illinois Environmental Protection Act (Act), 415 ILCS 5/12(b),
    5/9(b) and 35 Ill. Adin. Code 201.142, 201.143, and 404.101(a) (1)
    and (2) by operating emission sources and carrying out mining
    activities 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
    November 7, 1994. The Board published a notice of the waiver on
    November 11, 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
    November 7, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Reliable admits the alleged violations and agrees to
    pay a civil penalty of ten thousand dollars ($10,000.00).
    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 Reliable, concerning its facility located
    at 2121 South River Road, in the City of McHenry,
    Mchenry County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) Reliable, shall pay the sum of ten thousand dollars
    ($10,000.00) according to the following schedule:
    a) Within thirty days of the date of this order,
    Reliable shall pay the amount of three thousand
    four hundred ($3,400.00).
    b) Every sixty days thereafter Reliable shall pay the
    amount of three thousand three hundred ($3,300.00)
    until payment of said penalty is in full.
    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, Reliable’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) Reliable shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    3
    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.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~y~thatthe abc~,i~opinion and order was
    adopted on the
    ~
    day of
    ~
    ,
    1994, by a
    voteof
    ~“ ~
    .‘
    -~
    Control Board

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