ILLINOIS POLLUTION CONTROL BOARD
    December 2, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 93—189
    (Enforcement)
    GRAFTEK PRESS, 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 Graftek
    Press, Inc., a Delaware Corporation located at 6704 South Pingree
    Road, Crystal Lake, McHenry County, Illinois. The complaint
    alleges that Graftek Press, Inc. (Graftek) has violated Section
    9(b) of the Illinois Environmental Protection Act (Act), 415 ILCS
    5/9(b) by operating in violation of Special conditions #2 and #3 of
    its operating permit #86060052.
    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 23, 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. Graftek admits the alleged violations.
    Graftek 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 Graftek Press, Inc., concerning its operations
    located in Crystal Lake, McHenry County, Illinois. The
    Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2) The Graftek Press, 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
    Graftek Press, 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) Graftek Press, 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 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
    T/1~~!~l
    ~L
    ~
    ‘~
    Dorothy M. ~Gunn, Clerk
    Illinois Pollution Control Board

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