ILLINOIS POLLUTION CONTROL BOARD
    May 19, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    )
    v.
    )
    PCB 94—108
    (Enforcement)
    AMOCO OIL COMPANY,
    )
    a Maryland Corporation,
    )
    )
    )
    OPINION AND ORDER OF THE
    BOARD:
    This matter comes before the Board upon a one—count
    complaint filed April 4, 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 Amoco Oil Company, an Maryland Corporation
    located at Third and Madison, in the City of Dixon, Lee County,
    Illinois. The complaint alleges that Amoco Oil Company has
    violated Section 12(f) of the Illinois Environmental Protection
    Act (Act), 415 ILCS 5/12(f) and 35 Ill. Adm. Code
    SS
    305.102(b)
    and 309.102(a) for failure to comply with sampling and reporting
    requirements.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    April 4, 1994. The Board published a Notice of the waiver on
    April 7, 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
    April 4, 1994. The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. Amoco Oil Company denies the alleged violations and
    agrees to pay a civil penalty of five thousand dollars
    ($5,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Adin. Code 103.180. This settlement agreement in no way
    affects Amoco Oil Company’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 Amoco Oil Company, concerning its facility
    located at Third and Madison, in the City of Dixon, Lee
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) The Amoco Oil Company, shall pay the sum of five
    thousand dollars ($5,000.00) 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 Amoco Oil 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) Amoco Oil Company shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    Board Member J.T. 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.
    Mm. Code
    101.246, Motion for Reconsideration.)
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif that the above opinion and order was
    adopted on the
    /
    day of
    __________________,
    1994, by a
    vote of ~
    .
    Dorothy M./~unn,Clerk
    Illinois ~5il1utionControl Board

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