ILLINOIS POLLUTION CONTROL BOARD
August
1,
1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB
94—186
(Enforcement)
COLEMAN CABLE SYSTEMS,
INC.,
)
an Illinois Corporation,
)
)
Respondent.
OPINION
AND
ORDER OF THE BOARD:
This matter comes before the Board upon a one—count
complaint filed June 27,
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 Coleman Cable Systems,
Inc., an Illinois corpo-
ration located at 1550 24th Street,
in the City of North Chicago,
Cook County,
Illinois.
The complaint alleges that Coleman Cable
Systems, Inc. has violated Section 25b-2 of the Illinois Environ-
mental 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
June 27,
1994.
The Board published a notice of the waiver on
July
2,
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 27,
1994.
The Stipulation sets forth facts relating to the
nature, operations and circumstances surrounding the claimed
violations.
Coleman Cable Systems,
Inc. admits the alleged
violations and agrees to pay a civil penalty of two thousand nine
hundred dollars ($2,900.00).
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
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 Coleman Cable Systems,
Inc., concerning
its facility located at 1550 24th Street,
in the City
of North Chicago, Cook County, Illinois.
The
Stipulation and Settlement Agreement are incorporated
by reference as though fully set forth herein.
2)
The Coleman Cable Systems, Inc.,
shall pay the sum of
two thousand nine hundred dollars
($2,900.00) 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 Coleman Cable Systems,
Inc.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)
Coleman Cable Systems,
Inc. 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.)
3
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above opinion and order was
adopted on the
/~‘~
day of
_________________,
1994, by a
vote of
_______.
Dorothy M. ~6nn, Clerk
Illinois ~lution
Control Board