ILLINOIS POLLUTION CONTROL BOARD
    June 2, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—140
    )
    (Enforcement)
    UNIROYAL
    CHEMICAL
    )
    COMPANY, INC.,
    )
    a New Jersey Corporation,
    )
    )
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD (by C.A. ~Manning):
    This matter comes before the Board upon a three—count
    complaint filed April 28, 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 Uniroyal Chemical Company, Inc., a New Jersey
    Corporation located in the City of Joliet, Will County, Illinois.
    The complaint alleges that Uniroyal Chemical Company, Inc.,
    (Uniroyal) has violated Sections 9(a) and 9
    •
    1(d) (1) of the
    Illinois Environmental Protection Act (Act) and 40 CFR 61.145
    (b)(4) and 40 CFR 61.145(c~(3)(i)(A)(B)(1)(2)(3), (ii)(iii) and
    (6) (i) for failure to file proper notification of demolition, and
    improper wetting and sealing of the demolition site.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    April 28, 1994. The Board published a Notice of the waiver on
    April 30, 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 28, 1994. The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. Uniroyal neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of ten thousand
    dollars ($10,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Adju. 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
    2
    conclusions of law in this matter.
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Uniroyal, concerning its facility located
    in City of Joliet, Will County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2) The Uniroyal, 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
    The certified check or money order shall clearly
    indicate on its face, the Uniroyal’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) Uniroyal 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 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    J. Theodore Meyer Concurred.
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert,4.fy that the abo opinion and order was
    adopted on the
    ~‘~
    day of
    __________________,
    1994, by a
    vote of
    ________.
    --
    Dorothy N. c~I~’in,Clerk
    Illinois Poj~uitionControl Board

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