ILLINOIS POLLUTION CONTROL BOARD
December 2, 1993
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 93—185
)
(Enforcement)
OWENS-BROCKWAY GLASS, INC.,
)
A DELAWARE CORPORATION,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon a complaint filed
October 7, 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 Owens-
Brockway Glass Inc., (Owens—Brockway), a Delaware Corporation
located at 12th and Arnold Street, Chicago Heights, Cook County,
Illinois. The complaint alleges that Owens—Brockway 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. Athn. Code 212.123(a)
and 35 Ill. Adin. Code 201.143.
Pursuant to 415 ILCS 5/31(a)(l), a joint Motion requesting
relief from the Act’s hearing requirement was filed by the parties
on October 7, 1993. Notice of the waiver was published by the
Board on October 24, 1993; no objection to grant of the waiver was
received. Waiver of hearing is hereby granted.
A Stipulation and Settlement Agreement was filed by the
parties on October 7, 1993. The Stipulation sets forth facts
relating to the nature, operations and circumstances surrounding
the claimed violations. Owens—Brockway neither admits nor denies
the alleged violations. Owens—Brockway agrees to pay a civil
penalty of ten thousand dollars ($10,000.00).
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.
2
ORDER
1) The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of Illinois
and Owens-Brockway Glass Container, Inc., concerning its
operations located in Chicago Heights, Cook County,
Illinois. The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2) The Owens-Brockway Glass Container, Inc., shall pay the
sum of ten thousand dollars ($10,000.00) 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
Owens-Brockway Glass Container, Inc., shall also write
its Federal Employer Identification Number or Social
Security Number on the certified check or money order.
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) Owens—Brockway Glass Container, Inc., 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. The
Rules of the Supreme Court of Illinois establish filing
requirements. (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
~
day of
_________________,
1993, by a vote of
,~
A~)~
Dorothy M~unn, Clerk
Illinois ~óllution Control Board