ILLINOIS POLLUTION CONTROL BOARD
    August
    1,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB
    94—185
    )
    (Enforcement)
    DIVISION
    LEAD
    LIMITED
    )
    PARTNERSHIP
    )
    a Illinois limited partnership,
    )
    )
    )
    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 Division Lead Limited Partnership, an Illinois
    Corporation located at 7742 West 61st Place, in the City of
    Summit, Cook County,
    Illinois.
    The complaint alleges that
    Division Lead Limited Partnership 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
    June 27, 1994.
    The Board published a notice of the waiver on
    June 30,
    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.
    Division Lead Limited Partnership admits the alleged
    violations and agrees to pay a civil penalty of two thousand four
    hundred dollars ($2,400.00).
    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 Division Lead Limited Partnership,
    concerning its facility located at 7742 West 61st
    Place,
    in the City of Summit, Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    The Division Lead Limited Partnership, shall pay the
    sum of two thousand four hundred dollars ($2,400.00).
    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 Division Lead Limited
    Partnership’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)
    Division Lead Limited Partnership 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
    nd order Was
    Board, hereby certify that the abov~~iniona
    1994, ~
    a
    adopted on the
    /‘~‘~
    day of
    ____________________
    vote of
    ~~C)
    lerk
    Illinois P~~tionControl Board

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