ILLINOIS POLLUTION CONTROL BOARD

August 11, 1994

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

v.

)

PCB 94—41

(Enforcement)

BOB EVANS FARMS, INC.,

)

an Ohio Corporation,

)

Respondent.

OPINION AND ORDER OF THE BOARD (by E. Dunham):

This matter comes before the Board upon a three—count

complaint filed January 19, 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 Bob Evans Farms, Inc. (BEF), an Ohio Corpora-

tion located in the City of Galva, Henry County, Illinois. The

complaint alleges that BEF has violated Sections 12(a) and 12(b)

of the Illinois Environmental Protection Act (Act), 415 ILCS

5/12(a), 5/12(b) and 35 Ill. Adm. Code SS 309.202(c), 309.203(a)

and 312.101 for operating and constructing a wastewater source

without the proper permits and violation of certified operator

requirements.

Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint

Motion requesting relief from the Act’s hearing requirement on

June 24, 1994. The Board published a Notice of the waiver on

June 29, 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

June 24, 1994. The Stipulation sets forth facts relating to the

nature, operations and circumstances surrounding the claimed

violations. BEF admits 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.

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2

ORDER

1) The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and BEF concerning, its facility located in the

City of Galva, Henry County, Illinois. The Stipulation

and Settlement Agreement are incorporated by reference

as though fully set forth herein.

2) BEF 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

The certified check or money order shall clearly

indicate on its face, BEF’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) BEF 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.)

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3

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

Board, hereby cert4~~that the

and order was

adopted on ~he // ~ day of

vote of

~

1994, by a

Dorothy N.

Illinois P01.

Clerk

ion Control Board