ILLINOIS POLLUTION CONTROL BOARD
    June 6,
    1994
    PEOPLE OF THE
    )
    STATE OF ILLINOIS,
    )
    Complainant,
    )
    PCB 93-59
    (Enforcement)
    V.
    )
    FREEDOM OIL COMPANY,
    Respondent.
    SUPPLEMENTAL OPINION
    AND
    ORDER OF THE BOARD
    (by N. McFawn):
    Pursuant to Section 101.301 of the Board’s Procedural Rules
    (35 111. Adm. Code 101.301), the Board on its own initiative will
    correct the clerical error contained in its Opinion and Order of
    May 5,
    1994
    in this matter.
    At page 11 of the Opinion and
    Paragraph
    3 of the Order at page 12, the penalty assessed in this
    case is recited as fifteen thousand dollars ($15,000).
    This is
    in error.
    By a vote of 6-0, with one member concurring,
    on that
    day the Board assessed a penalty in this matter of thirty
    thousand dollars ($30,000).
    The Opinion and Order of May 5,
    1994
    should correctly read that the penalty assessed respondent is
    $30,000.
    For the convenience of all concerned,
    the correct order is
    set forth
    in its entirety below.
    Finally, given the nature of
    this clerical error,
    the Board believes that the 35 day period
    for appeal of this order pursuant to Section 41 of the Act
    restarts upon the service of this order.
    Similarly, the time for
    payment of the penalty and fees assessed is 35 days from date of
    this order.
    ORDER
    1)
    Freedom Oil Company is hereby found to have violated 35 Ill.
    Adm. Code 731.162 and 731.163 by failing to comply with the
    investigation and reporting requirements for a November 21,
    1989 release at its facility in Savoy, Champaign County and
    an April 4,
    1991 release at its facility in Oblong, Crawford
    County.
    2)
    Freedom Oil Company shall submit properly completed 20 and
    45 day reports and sampling data for the releases at the
    Savoy and Oblong sites, as required by 35 Ill.
    Adm.
    Code
    Sections 731.162 and 731.163, and shall cease and desist
    from further violations of these Sections and related
    regulations.
    3)
    Freedom Oil Company shall pay the sum of thirty thousand
    2
    dollars
    ($30,000) within 35 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 for deposit 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
    Springfield,
    IL 62794—9276
    The certified check or money order shall clearly indicate on
    its face the case name and number, Freedom Oil Company’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.
    5)
    Freedom Oil Company shall pay the State’s attorneys’
    fees of
    one thousand five hundred dollars
    ($1,500), and the State’s
    costs of three hundred eight dollars and ninety cents
    ($308.90),
    as detailed in the Affidavit of Jennifer N.
    Cram,
    filed June 24,
    1993,
    for a total of one thousand
    eight hundred eight dollars and ninety cents ($1,808.90).
    Such payment shall be made within 35 days of the date of
    this order by certified check or money order payable to the
    Treasurer of the State of Illinois, designated for deposit
    to the Hazardous Waste Fund,
    and shall be sent by First
    Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield, Illinois 62706
    The certified check or money order shall clearly indicate on
    its face the case name and number, Freedom Oil Company’s
    federal employer identification number or social security
    number, and that payment
    is directed to the Hazardous Waste
    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
    3
    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.
    IT IS SO ORDERED.
    Board member J. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41
    (1992))
    provides for appeal of final Board orders within 35
    days of the date of service of this order.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    (See
    also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.)
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certify that the above supp
    ental opinion and
    order was adopted on the
    ~iZ-
    day of
    _______________,
    1994,
    by a vote of
    t~
    .
    /
    /9
    ~
    II.
    /~L~
    Dorothy M. Gu
    Clerk
    Illinois Poll
    ion Control Board

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