ILLINOIS POLLUTION CONTROL BOARD
June 23, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
V.
PCB 94-94
(Enforcement)
THE MILNOT COMPANY
an Illinois Corporation,
Respondent.
OPINION
AND
ORDER
OF THE
BOARD:
This matter comes before the Board upon a one—count
complaint filed March 22, 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 The Milnot Company, an Illinois Corporation
located in the City of Litchfield, Montgomery County, Illinois.
The complaint alleges that The Milnot Company 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
March 22, 1994. The Board published a notice of the waiver on
March 28, 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
March 22, 1994. The Stipulation sets forth facts relating to the
nature, operations and circumstances surrounding the claimed
violations. The Milnot Company admits the alleged violations and
agrees to pay a civil penalty of two thousand eight hundred fifty
dollars ($2,850.00).
The Board finds the settlement agreement acceptable under 35
Ill. Adin. 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 The Milnot Company, concerning its
facility located at City of Litchfield, Montgomery
County, Illinois. The Stipulation and Settlement
Agreement are incorporated by reference as though fully
set forth herein.
2) The Milnot Company, shall pay the sum of two thousand
eight hundred fifty dollars ($2,850.00) 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 Milnot Company’s Federal
Employer Identification Number or Social Security
Number and that payment is directed to the
Environmental Protection Trust Fund. A copy of the
payment transmittal and check shall be simultaneously
submitted to:
Illinois Attorney General’s Office
Environmental Control Division
500 South Second Street
Springfield, Ii. 62706
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) The Milnot Company shall cease and desist from the
alleged violations.
IT IS SO ORDERED.
3
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.
Adju. Code 101.246, Motion for Reconsideration.)
J. Theodore Meyer Concurred.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the abov pinion and order was
adopted on the ~,Vi”-~ day of
_________________,
1994, by a
voteof
_______
~
L,
Dorothy M.,4.lnn, Clerk
Illinois Pollution Control Board