ILLINOIS POLLUTION CONTROL BOARD
    February 3, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 93—262
    (Enforcement)
    KOCH FUELS, INC. d/b/a
    )
    KOCH MATERIALS COMPANY,
    )
    a Delaware Corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a one—count complaint
    filed December 23, 1993, by Roland W. Burns, Attorney General of
    the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency (“Agency”) and the People of the State of 1111-
    nois, against Koch Fuels, Inc. d/bfa! Koch Materials Company, a
    Delaware Corporation with a plant located at 4900 South Mason
    Avenue, Chicago, Cook County, Illinois. The complaint alleges that
    Koch Materials Company Section 25b-2 of the Environmental
    Protection Act in that respondent failed to timely file a chemical
    release form (“Form R”) with the Agency’s Office of Chemical Safety
    by September 1, 1992.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    December 23, 1993. The Board published notice of the waiver on
    January 3, 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
    December 23, 1993. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Koch Materials Company admits to the alleged violation
    and agrees to pay a civil penalty of two thousand and six hundred
    dollars ($2,600.00).
    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 Koch Materials Company concerning its facility
    located at 4900 South Mason Avenue, Chicago, Cook County,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) Koch Materials Company shall pay the su~of two thousand
    and six hundred dollars ($2,600.00) 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, Koch Materials Company’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) Koch Materials Company 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,
    “Motions for Reconsideration.”)
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that tb~above opinion and order was adopted
    on the
    3’~—’~-
    day of
    ~
    ,
    1994, by a vote of
    7-~
    (2
    Dorothy N. ~inn, Clerk
    Illinois P~llutionControl Board

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