ILLINOIS POLLUTION CONTROL BOARD
    January 20, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    )
    v.
    )
    PCB 93—85
    (Enforcement)
    )
    LIQUID AIR CORPORATION, a
    )
    Delaware Corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD (by N. Nardulli):
    This matter comes before the Board upon a complaint filed
    May 10, 1993 on behalf of the People of the State of Illinois, by
    and through its attorney, Roland W. Burns, Attorney General of
    the State of Illinois, against Liquid Air Corporation, located in
    Chicago, Cook County, Illinois. The complaint alleges that
    Liquid Air has violated 35 Ill. Adm. Code 201.143 of the Board’s
    regulations and Sections 9(a) and 9(b) of the Environmental
    Protection Act (“Act”), 415 ILCS 5/9(a) and 5/9(b) (1992).
    Pursuant to Section 31(a) (1) of the Act, a joint Motion
    requesting relief from the Act’s hearing requirement was filed by
    the parties on December 13, 1993. Notice of the waiver was
    published by the Board on December 17, 1993; no objection to
    grant of the waiver was received. Waiver of hearing is granted
    by the Board via today’s opinion and order.
    A Stipulation and Settlement Agreement was filed by the
    parties on December 13, 1993. The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violation. Liquid Air Corporation, does
    not admit to violations of 35 Ill. Adm. Code 201.143 and Sections
    9(a) and 9(b) of the Act, and agrees to pay a civil penalty of
    four thousand dollars ($4,000.00). Liquid Air Corporation
    further agrees to cease and desist from violations of the Act and
    regulations promulgated thereunder.
    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 Liquid Air Corporation, concerning
    violations 35 Ill. Adm. Code 201.143 and Section 9(a)
    and 9(b) of the Illinois Environmental Protection Act,
    415 ILCS 5/12(a) and 5/12(f) (1992), by Liquid Air
    Corporation, Chicago, Cook County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2) Liquid Air Corporation, shall pay the sum of Four
    Thousand Dollars ($4,000.00) within 30 days of the date
    of this order. Such payment must 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 must 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
    Liquid Air Corporation shall also write its Federal
    Employer’s Identification
    Number or Social Security
    Number on the certified check or money order.
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection (a) of Section 5/1003 of the Illinois Income
    Tax Act, (35 ILCS 5/1003 (1992).), 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) Liquid Air Corporation shall cease and desist from the
    alleged violations.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for appeal of final orders of the Board
    within 35 days. The rules of the Supreme Court of Illinois
    establish filing requirements.
    IT IS SO ORDERED.
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the
    aboV~opinion
    and order was
    adopted on the ~ ~ day of
    ~
    ,
    19~4, by a
    vote of
    7--
    .
    //~i ~
    Dorothy M. G~4nn, Clerk
    Illinois P91~LutionControl Board

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