ILLINOIS POLLUTION CONTROL BOARD
    August
    5,
    1993
    PEOPLE OF THE STATE
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 93—117
    (Enforcement)
    T.J. HARKINS BASIC COMMODITY,
    )
    BROKERS,
    INC.,
    )
    an Illinois Corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.
    A.
    Manning):
    This matter comes before the Board upon a complaint filed
    June 17,
    1993 on behalf of the People of the State of Illinois
    (“People”),
    by and through its attorney, Roland W. Burns,
    Attorney General of the State of Illinois, against T.J. Harkin
    Basic Commodity Brokers,
    Inc.,
    an Illinois state Corporation
    located in Addison, DuPage County,
    Illinois.
    The complaint
    alleges that T.J. Harkins Basic Commodity Brokers,
    Inc. has
    violated Section 9(a)
    of the Illinois Environmental Protection
    Act (“Act”),
    415 ILCS 5/9(a), and
    35
    Ill. Adm.
    Code 201.143 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 June
    17,
    1993.
    Notice of the waiver was published by
    the Board on July
    7,
    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 June
    17,
    1993.
    The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations.
    T.J. Harkins Basic Commodity Brokers,
    Inc.
    admits the alleged violations.
    T.J. Harkins Basic Commodity
    Brokers,
    Inc. agrees to pay
    a civil penalty of Five Thousand Five
    Hundred Dollars
    ($5,500.00).
    The Board finds the Settlement Agreement acceptable under 35
    Ill.
    Adin.
    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 Illi-
    nois and T.J. Harkins Basic Commodity Brokers,
    Inc.,
    concerning its operations located in Addison,
    DuPage
    County,
    Illinois.
    The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2)
    T.J. Harkins Basic Commodity Brokers,
    Inc.
    shall pay
    the sum of Five Thousand Five Hundred Dollars ($5,500.—
    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 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
    T.J. Harkins Basic Commodity Brokers,
    Inc. 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 subsec-
    tion
    (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 penden—
    cy of an appeal during which payment of the penalty has
    been stayed.
    3)
    T.J. Harkins Basic Commodity Brokers,
    Inc. shall cease
    and desist from the alleged violations.
    Section
    4.
    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.)
    IT IS SO ORDERED.
    3
    J. Theodore Meyer dissented.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby ceni.ify that the abov
    pinion and order was
    adopted on the
    O~l— day of
    __________________,
    1993, by a
    vote of
    _________.
    ~
    f1&•.
    Dorothy M. Gunp
    Clerk
    /
    Illinois Poll~ion Control Board

    Back to top