ILLINOIS POLLUTION CONTROL BOARD
    February 17, 1994
    PEOPLE OF ThE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 94—16
    (Enforcement)
    CENTRAL ILLINOIS PUBLIC SERVICE
    )
    COMPANY, an Illinois Corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C
    •
    A. Manning):
    This matter comes before the Board upon a two—count complaint
    filed January 6, 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
    Central Illinois Public Service Company (CIPS), an Illinois Corpo-
    ration located in the City of Newton, Illinois. The complaint
    alleges that CIPS has violated Sections 9(b) and 9.1(d)(1) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(b), 5/9(d)(l))
    for operating sources emitting sulfur dioxide in excess of the
    legal limitations and operating without a continuous monitoring
    system.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    January 6, 1994. The Board published a notice of the waiver on
    January 10, 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
    January 6, 1994. The stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. CIPS denies the alleged violations and agrees to pay
    a civil penalty of forty thousand dollars ($40,000.00).
    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
    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 Central Illinois Public Service, concerning its
    facility located in the City of Newton, Illinois. The
    stipulation and settlement agreement are incorporated by
    reference as though fully set forth herein.
    2) The Central Illinois Public Service, shall pay the sum of
    forty thousand dollars ($40,000.00) 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, Central Illinois Public Service 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) Central Illinois Public Service shall install and certify
    a continuous monitoring system for measurement of sulfur
    dioxide emissions from Newton #2.
    4) Central Illinois Public Service shall continuously
    operate and monitor the continuous emission monitoring
    systems for Newton Units #1 and #2.
    5) Central Illinois Public Service shall comply with the
    Illinois Environmental Protection Act and the Board’s
    Rules and Regulations.
    IT IS SO ORDERED.
    3
    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, Motion for Reconsideration.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that e above opinion and order was adopted
    on the
    /7~
    day of
    _________________,
    1994, by a vote of&?2.
    //
    Dorothy N.4unn, Clerk
    Illinois Pollution Control Board

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