ILLINOIS POLLUTION CONTROL BOARD
    December 2, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 93—187
    (Enforcement)
    SOLAR CORPORATION,
    )
    AN ILLINOIS 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 Solar
    Corporation (Solar), an Illinois Corporation located at 100 Solar
    Drive, Libertyville, Lake County, Illinois. The complaint alleges
    that Solar has violated Section 9(b) of the Illinois Environmental
    Protection Act (Act), 415 ILCS 5/9(b) and 35 Ill. Adm. Code
    201.142 and 35 Ill. Adm. Code 201.143.
    Pursuant to 415 ILCS 5/31(a) (1), 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 26, 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. Solar admits the alleged violations.
    Solar agrees to pay a civil penalty of seven thousand dollars
    ($7,000.00).
    The Board finds the Settlement Agreement acceptable under 35
    Ill. Adm. Code 103.180. This Settlement Agreement in rio 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.
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    2
    Agreement executed by the People of the State of Illinois
    and Solar Corporation, concerning its operations located
    in Libertyville, Lake County, Illinois. The Stipulation
    and Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) The Solar Corporation shall pay the sum of seven thousand
    dollars ($7,000.00) 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
    Solar Corporation 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) Solar Corporation shall cease and desist from the alleged
    violations.
    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. Adin. Code 101.246, Motion for
    Reconsideration.)
    IT IS SO ORDERED.
    3
    I, Dorothy M. 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
    ~ -C,
    Ill
    Control Board

    Back to top