ILLINOIS POLLUTION CONTROL BOARD
    March 17, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 94—59
    (Enforcement)
    ACME BARREL COMPANY,
    )
    a Illinois
    Corporation,
    )
    Respondent.
    OPINION AND
    ORDER
    OF THE
    BOARD:
    This matter conies before the Board upon a one—count complaint
    filed February 9, 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
    Acme Barrel Company, an Illinois Corporation located at 2300 W.
    13th Street, in the City of Chicago, Cook County, Illinois. The
    complaint alleges that Acme Barrel Company has violated Sections
    9(a) of the Illinois Environmental Protection Act (Act), 415 ILCS
    5/9(a) and 35 Iii. Adm. Code S 201.141 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 9, 1994 The Board published a Notice of the waiver on
    February 11, 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 9, 1994. The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. Acme Barrel Company, Inc. neither admits nor denies
    the alleged violations and agrees to pay a civil penalty of two
    thousand dollars ($2,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Adni. 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 Acme Barrel Company, 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) The Acme Barrel Company, Inc., shall pay the sum of two
    thousand dollars ($2,000.00) 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, the Acme Barrel Company, 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) Acme Barrel Company, Inc. shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    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 Iii. Adm. Code
    101.246, Notion for Reconsideration.)
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereb~y,.certify that the above opinion and order was adopted
    on the /
    7v-~
    day of
    ‘I-~--~—~-’
    ,
    1994, by a vote of
    p-c.
    DorothyM.,~unn,/~Clerk
    /L~’
    Illinois P5illution Control Board

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