ILLINOIS POLLUTION CONTROL BOARD
    February 3, 1994
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 93—256
    (Enforcement)
    GREIF BROTHERS,INC.,
    a Delaware Corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a four-count complaint
    filed December 17, 1993, 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
    Greif Brothers, Inc., a Delaware Corporation with a plant located
    at 935 West 20th Place, Chicago, Cook County, Illinois. The
    complaint alleges that Greif Brothers, Inc. violated Sections 9(a)
    and 9(b) of the Illinois Environmental Protection Act (Act), 415
    ILCS 5/9(a), 5/9(b) and 35 Iii. Adin. Code SS2O1.143, 201.144,
    215.204(j)(1) and
    (j)(3),
    218.204(j)(1) and
    (j)(3),
    and in
    addition, special conditions attached to the Greif Brothers air
    operating permit, No. 89100002, nose 1, 2(a) and (e).
    Pursuant to 415 ILCS 5/31(a)(1), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    December 17, 1993. The Board published a notice of the waiver on
    December 24, 1993; no objection to grant of the waiver was
    received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    December 17, 1993. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Greif Brothers, Inc. admits the alleged violations
    and agrees to pay a civil penalty of forty—one thousand and five
    hundred dollars ($41,500.00).
    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 Greif Brothers, Inc. concerning its facility located
    at 935 West 20th Place, Chicago, Cook County, Illinois.
    The Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2) Greif Brothers, Inc. shall pay the sum of forty-one
    thousand and five hundred dollars ($41,500.00) 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, Greif Brothers, Inc.’s Federal Employer
    Identification Number or Social Security Number and that
    the 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) Greif Brothers, Inc. shall cease and desist from the
    alleged violations.
    4) Greif Brothers, Inc. shall continue to use interior and
    exterior coatings which comply with all applicable
    volatile organic material limitations and to have all
    sources permitted.
    5) Greif Brothers, Inc. shall comply wiht the special
    conditions stated in the air pollution operating permit
    No. 89100002, and any other subsequent permits.
    IT IS SO ORDERED.
    3
    Board Member 3. 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,
    “Motions for Reconsideration.”)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that~h~above opinion and order was adopted
    on the
    ~?/~-~-
    day of
    ~1~-&-4~’-i’4~4-7
    ,
    1994, by a vote of
    7-p.
    ~
    Dorothy M. Gin, Clerk
    Illinois Po~ZutionControl Board

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