ILLINOIS POLLUTION CONTROL BOARD
    December 16, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 93—229
    (Enforcement)
    HYDRAULIC RESEARCH CO.,
    )
    an Illinois Corporation, d/b/a
    ACCURATE
    BRAKE
    AND
    CLUTCH
    EXCHANGE,)
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.A. Manning):
    This matter comes before the Board upon a one—count complaint
    filed November 19,
    1993
    by Roland W. Burns,
    Attorney General of
    the
    State
    of
    Illinois
    on
    behalf
    of
    the Illinois
    Environmental
    Protection Agency (Agency) and the People of the State of Illinois,
    against
    Hydraulic
    Research
    Company
    (Hydraulic),
    an
    Illinois
    Corporation.
    Hydraulic maintains
    a
    facility
    located
    at
    449
    Madison
    Street Oak Park,
    Cook County,
    Illinois.
    The complaint
    involves Hydraulic operating an emission source without a permit at
    its facility in violation of Sections 9(a) and
    (b)
    of the Illinois
    Environmental
    Protection
    Act
    (Act).
    (415
    ILCS
    5\9(a)
    and
    (b)
    (1992).)
    Section 9(a) of the Act generally prohibits the emissions
    of contaminants in violation of the Act or Board procedural rules
    and Section 9(b) of the Act prohibits the emissions of contaminants
    without an operating permit issued by the Agency.
    The complaint
    also alleges that respondent violated 35 Ill.
    Adm.
    Code Section
    201.144,
    (prohibits
    operation
    of
    an
    existing
    emission
    source
    without permit)
    of the Board’s rules.
    Pursuant to
    415
    ILCS 5/31(a)(1),
    a joint motion requesting
    relief from the Act’s hearing requirement was filed by the parties
    on November 19,
    1993.
    Notice of the waiver was published by the
    Board on November 24, 1993; no request for a hearing, nor objection
    to our granting
    the waiver
    has been
    received.
    Waiver
    of
    the
    hearing is hereby granted.
    A proposed stipulation and settlement agreement was filed by
    the parties on November 19, 1993.
    The stipulation sets forth facts
    relating to the nature,
    operations and circumstances surrounding
    the claimed violations.
    Hydraulic admits to the allegations of the
    complaint and agrees to pay a civil penalty in the amount of Nine
    Thousand Dollars ($9,000.00).
    Pursuant to the settlement procedure requirements set forth in
    35 Ill. Adm. Code 103.180, the Board hereby accepts the settlement
    agreement as proposed by the parties.
    The settlement agreement in
    2
    no way affects
    the respondent’s
    obligation 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.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settement
    Agreement executed by the People of the State of Illinois
    and Hydraulic Research Company concerning the company’s
    operations located at 449 Madison Street Oak Park,
    Cook
    County,
    Illinois.
    The
    Stipulation
    and
    Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2)
    Hydraulic Research
    Company
    shall pay
    the sum
    of Nine
    Thousand
    Dollars
    ($9,000.00)
    into
    the
    Illinois
    Environmental Protection Trust Fund at
    a rate of Seven
    Hundred Fifty Dollars ($750.00) per month for twelve (12)
    months, the first payment to be made within 30 days from
    the date of the entry of this order.
    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
    Hydraulic Research Company shall also write its Federal
    Employer Identification Number or Social Security Number
    on the certified check or money order.
    Any such penalty not paid within
    the time prescribed
    (approximately seven
    and
    a half months
    from the final
    entry of this order) 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)
    Hydraulic Research
    Company
    shall
    cease
    operating
    the
    Grigg industrial burner.
    4)
    Hydraulic
    Research
    Company
    shall
    maintain
    current
    3
    operating
    permits
    for
    all
    equipment
    requiring
    such
    permits.
    5)
    Hydraulic Research Company shall cease and desist from
    violations
    of
    the
    Act
    and
    regulations
    promulgated
    thereunder.
    IT IS SO ORDERED.
    J. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41)
    provides for the appeal of final Board orders within 35 days.
    The
    Rules
    of
    the
    Supreme
    Court
    of
    Illinois
    establish
    filing
    requirements.
    (See also
    35
    Ill.
    Adm.
    Code 101.246,
    Motion
    for
    Reconsideration.)
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, heTe~ycertify that t~ above opinion and order was adopted
    on the
    /~‘~
    day of
    _____________________,
    1993,
    by a vote of
    Dorothy M.
    Illinois P0,
    Control Board

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