ILLINOIS POLLUTION CONTROL BOARD
June 2,
1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB
94—112
)
(Enforcement)
TEEPAK,
INC.,
)
a Delaware Corporation,
)
)
)
Respondent.
)
OPINION
AND
ORDER
OF THE
BOARD:
This matter comes before the Board upon a one-count
complaint filed April
6,
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 Teepak Inc.,
(Teepak) a Delaware Corporation
located at 915 North Michigan Ave.,
in the City of Danville,
Vermilion County,
Illinois.
The complaint alleges that Teepak
has violated Section 25b-2 of the Illinois Environmental
Protection Act (Act),
(415 ILCS
5\25b—2), pertaining to toxic
chemical release reporting requirements.
Pursuant to 415 ILCS 5/31 (a) (2), the parties filed a joint
Motion requesting relief from the Act’s hearing requirement on
April
6,
1994.
The Board published a notice of the waiver on
April 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
April 6,
1994.
The Stipulation sets forth facts relating to the
nature, operations and circumstances surrounding the claimed
violations.
Teepak admits the alleged violations and agrees to
pay a civil penalty of four thousand five hundred dollars
($4,500.00).
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 Teepak concerning its facility located at
915 North Michigan Ave.,
in the City of Danville,
Vermilion County, Illinois.
The Stipulation and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2)
Teepak shall pay the sum of four thousand five hundred
dollars ($4,500.00)
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 Teepak’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)
Teepak 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 of the date of service of this order.
(See also 35 111.
Adm. Code 101.246, Motion for Reconsideration.)
J.
Theodore Meyer Concurred.
3
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the abov~-- inion and order was
adopted on
jthe
~?‘~
day of
__________________,
1994, by a
voteof
c~’-~::7.
(7
Dorothy M.//unn, Clerk
Illinois ~l1ution
Control Board