ILLINOIS POLLUTION CONTROL BOARD
    August
    1,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 94—182
    (Enforcement)
    PHIL MOLLECK,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a three—count
    complaint filed June 24,
    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 Phil Molleck,
    a Illinois resident and owner of
    a parcel of land located at 14926 Winchester,
    in the City of
    Bnimfield, Peoria County,
    Illinois.
    The complaint alleges that
    Phil Molleck has violated Sections 9(a),
    9(c),
    21(d)
    and 21(e)
    of
    the Illinois Environmental Protection Act
    (Act),
    415 ILCS
    5/9(a),
    5/9(c),
    5/21(d), and 5/21(e),
    35
    Ill. Adm.
    Code
    §S
    201.141, 237.102(a),
    and 807.201 and 807.702 for discharging air
    contaminants, opening burning and development and operation of a
    solid waste management site without a permit.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    June 24,
    1994.
    The Board published a Notice of the waiver on
    June 29,
    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
    June 24,
    1994.
    The Stipulation sets forth facts relating to the
    nature,
    operations and circumstances surrounding the claimed
    violations.
    Phil Molleck denies the alleged violations and
    agrees to pay a civil penalty of one thousand dollars
    ($1,000.00).
    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
    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 Phil Molleck,
    a Illinois resident and
    owner of a parcel of
    land located at 14926 Winchester,
    in the City of Bnimfield,
    Peoria County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    Phil Molleck, shall pay the sum of one thousand dollars
    ($1,000.00).
    Within thirty days of this order Phil
    Molleck shall pay the amount of two hundred and fifty
    dollars
    ($250.00).
    Phil Molleck shall pay two hundred
    and fifty dollars
    ($250.00) every thirty
    (30) days
    thereafter until payment of said penalty is made in
    full.
    Such payments 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 Phil Molleck’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)
    Phil Molleck shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    Section 41
    of the Environmental Protection Act
    (415 ILCS
    3
    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.)
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above
    inion and order was
    adopted on t)1e
    /-‘~
    day of
    __________________,
    1994, by a
    vote of
    •~~—O
    .
    ~
    ~L.
    Dorothy M. ,~nn,Clerk
    Illinois P6flution Control Board

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