ILLINOIS POLLUTION CONTROL BOARD
    March 17, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 94-56
    )
    (Enforcement)
    LAND
    0’ FROST, INC.,
    )
    a ILLINOIS Corporation,
    )
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a two—count
    complaint filed February 7, 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 Land 0’ Frost Inc., an Illinois corporation
    located at 16850 Chicago Avenue, in the City of Lansing, Cook
    County, Illinois. The complaint alleges that Land 0’ Frost, Inc.
    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 if 201.142 and 201.143, 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
    February 7, 1994. The Board published a Notice of the waiver on
    February 13, 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
    February 7, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Land 0’ Frost, Inc. admits the alleged violations
    and agrees to pay a civil penalty of eight thousand five hundred
    dollars ($8,500.00).
    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 Land 0’ Frost, Inc. concerning its
    facility located in Cook County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2) Land 0’ Frost, Inc. shall pay the sum of eight
    thousand five hundred dollars ($8,500.00) 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, the Land 0’ Frost, Inc. 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) Land 0’ Frost, Inc. shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    3. 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.)
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the /
    7tZ
    day of
    ___________________,
    1994, by a
    voteof /~,—c
    .
    7
    ~
    Dorothy N. 9~nn, Clerk
    Illinois P~ylutionControl Board

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