ILLINOIS POLLUTION CONTROL BOARD
    February 17, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 93—118
    (Enforcement)
    MARSCO MANUFACTURING CO.,
    an Illinois Corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD (by M. McFawn):
    This matter comes before the Board upon a one—count
    complaint filed June 17, 1993, by Roland W. Burns, Attorney
    General of the State of Illinois, on behalf of the People of the
    State of Illinois, against Marsco Manufacturing Co. (Marsco), an
    Illinois Corporation with a plant located at 2857 S. Halsted,
    Chicago, Cook County, Illinois. The complaint alleges that
    Marsco violated Section 9(a) of the Illinois Environmental
    Protection Act (Act), 415 ILCS 5/9(a) and 35 Ill. Adiu. Code
    SS212.32i, 212.123, and 218.926.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    June 17, 1993. The Board published a notice of the waiver on
    July 28, 1993; no objection to grant of the waiver was received.
    On August 11, 1993 the parties filed a motion to postpone
    decision. The purpose was to allow the parties to negotiate
    issues relating to an operating permit denial (PCB 93-132) which
    could affect the terms of the stipulation in this case. The
    Board granted the motion to postpone by order of August 26, 1993,
    and granted a further postponement at the parties’ request by
    order of November 4, 1993. The permit appeal was dismissed on
    December 2, 1993, pursuant to Marsco’s motion for voluntary
    dismissal.
    On January 21, 1994, the parties filed a joint motion to
    withdraw the June. 17, 1993 stipulation and proposal for
    settlement and to replace it with a stipulation signed by Marsco
    and the other parties on various dates in January, 1994. That
    motion, which is in the nature of a motion to file an amended
    stipulation, is hereby granted. Since the joint motion has been
    construed as an amendment of the original filing, no additional
    notice of filing is required to be published. The Board notes
    that the parties reaffirmed the initial waiver, complainant
    filing a motion requesting waiver, and respondent filing a motion
    in support of the waiver request on January 26 and February 2,
    1994, respectively.

    2
    The Stipulation and Settlement Agreement sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. Marsco applies heat—barrier to glass for
    the appliance industry. This application process generates
    particulate matter (PM) and volatile organic compound (VOC)
    emissions. The Agency alleges that emissions from Marsco’s
    operations have exceeded the air pollution limitations for PM,
    VOC, and opacity set forth at SS212.32l, 218.926 and 212.123,
    respectively. The Agency contends that the alleged PM and VOC
    exceedances occurred at least as early as July 10, 1990 and
    August 16, 1991, respectively, and continued presumably until
    December 31, 1992 when Marsco completed installation of a Venturi
    scrubber to control both pollutants. The Agency contends the
    opacity violations occurred intermittently beginning July 10,
    1990. Marsco neither admits to nor denies the alleged violations
    and agrees to pay a civil penalty of twenty-five thousand dollars
    ($25,000.00).
    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.
    ORDER
    1) The Board hereby accepts the Amended Stipulation and
    Settlement Agreement executed by the People of the
    State of Illinois and Marsco Manufacturing Co.
    concerning its facility located at 2857 S. Haisted,
    Chicago, Cook County, Illinois. The Amended
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2) Marsco Manufacturing Co. shall pay the
    sum
    of twenty-
    five thousand dollars ($25,000.00) 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

    3
    The certified check or money order shall clearly
    indicate on its face, Marsco Manufacturing Co.’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) Marsco Manufacturing Co. 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.
    Adju.
    Code
    101.246, “Motions for Reconsideration.”)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify. that the above opinion and order was
    adopted on the
    /7~
    day of
    ____________________,
    1994, by
    avoteof ~
    Dorothy M.~unn, Clerk
    Illinois P~LlutionControl Board

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