ILLINOIS POLLUTION CONTROL BOARD

September 15, 1994

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

)

v.

)

PCB 93—145

(Enforcement)

MONARCH ASPHALT

MPAN,

)

an Illinois

Corporation,

)

)

Respondent.

OPINION AND ORDER OF THE BOARD:

This matter comes before the Board upon a five—count

complaint filed August 5, 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 Monarch Asphalt Company, an Illinois Corpora-

tion located at 1727 Medill Avenue, Chicago, Cook County,

Illinois. The complaint alleges that Monarch Asphalt Company has

violated Sections 9(a) and 9(b) of the Illinois Environmental

Protection Act (Act), 415 ILCS 5/9(a), 5/9(b) and 35 Ill. Adm.

Code §S 201.141, 201.142, 201.143, 201.149, 212.301, and 212.306

for operating and constructing emission sources without the

proper permits.

Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint

Motion requesting relief from the Act’s hearing requirement on

August 12, 1994. The Board published a Notice of the waiver on

August 17, 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

August 12, 1994. The Stipulation sets forth facts relating to

the nature, operations and circumstances surrounding the claimed

violations. Monarch Asphalt Company denies the alleged

violations and agrees to pay a civil penalty of nine thousand

dollars ($9,000.00).

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

---

2

conclusions of law in this matter.

ORDER

1) The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and Monarch Asphalt Company, concerning its

facility at 1727 Medill Avenue, Chicago, Cook County,

Illinois. The Stipulation and Settlement Agreement are

incorporated by reference as though fully set forth

herein.

2) Monarch Asphalt Company shall pay the sum of nine

thousand dollars ($9,000.00) 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, Monarch Asphalt Company’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) Monarch Asphalt Company shall cease and desist from the

alleged violations.

IT IS SO ORDERED.

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.)

---

3

J. Theodore Meyer Concurred.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certi~ that the abo~te~pjnion and order was

adopted on,the

/.~

~ day of

__________________,

1994, by a

vote of ~

•

~Dorothy M. ~Ann, Clerk

Illinois Po)JLution Control Board