ILLINOIS POLLUTION CONTROL BOARD
    January 20, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    )
    Complainant,
    )
    V.
    )
    PCB 93—258
    (Enforcement)
    CARL R. KIRCHHOFF,
    )
    d/b/a/ ALLFOAN INDUSTRIES,
    an Illinois Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a three—count
    complaint filed December 21, 1993, 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 Carl R. Kirchhoff, dfb/a Allfoain Industries
    (Alifoam), an Illinois Corporation located at 471 Monroe Street, in
    the City of Elmhurst, DuPage County, Illinois. The complaint
    alleges that Alifoam has violated Sections 9(a) and 9(b) of the
    Illinois Environmental Protection Act (Act), 415 ILCS 5/9(a),
    5/9(b) and 35 Ill. Adin. Code SS 201.142, 201.143, and 201.144 by
    operating and constructing emission sources without the required
    permits.
    Pursuant.. to..~~~415ILCS 5/31(a) (1), a joint Motion requesting
    relief from the Act’s hearing requirement was filed by the parties
    on December 21, 1993. Notice of the waiver was published by the
    Board on December 29, 1993; no objection to grant of the waiver was
    received. Waiver of hearing is hereby granted.
    A Stipulation and Settlement Agreement was filed by the
    parties on December 21, 1993. The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. Allfoam admits to the alleged violations
    and agrees to pay a civil penalty of nine thousand dollars
    ($9,000.00).
    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.
    2
    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 Settlement
    Agreement executed by the People of the State of Illinois
    and Carl R. Kirchhoff, d/b/a/ Alifoam Industries,
    concerning its facility located at 471 Monroe Street, in
    the City of Elmhurst, DuPage County, Illinois. The
    Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2) Ailfoam Industries shall pay the sum of nine thousand
    dollars ($9,000.00) 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
    Ailfoam Industries 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
    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) Ailfoam Industries shall cease and desist from further
    violations of the Act and the Board’s regulations.
    4) Allfoani Industries shall continue to maintain a current
    operating permit for all its emission sources and control
    equipment.
    IT IS SO ORDERED.
    Board Member
    3.
    Theodore Meyer concurred.
    3
    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.)
    I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
    Board, he~e~certifyth the above opinion and order was adopted
    on~the
    c~’~~
    ‘-~-~
    day of ______________________, 1994, by a vote of
    Dorothy H. ~/nn, Clerk
    Illinois Po~l’1ution Control Board

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