ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 93—119
    (Enforcement)
    TREASURE CHEST ADVERTISING,
    COMPANY, INC.,
    a Delaware 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 Treasure Chest
    Advertising Company, Inc., a Delaware Corporation located in Elk
    Grove Village, DuPage County, Illinois. The complaint alleges
    that Treasure Chest Advertising Company has violated Section 9(a)
    of the Illinois Environmental Protection Act (“Act”), 415 ILCS
    5/9(a) and 9(b), and 35 Ill. Adm. Code 201.141 and 215.408(a) (2)
    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. Treasure Chest Advertising Company, Inc.
    admits the alleged violations. Treasure Chest Advertising
    Company agrees to pay a civil penalty of Eighteen Thousand Five
    Hundred Dollars ($18,500.00).
    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 Illi-
    nois and Treasure Chest Advertising Company, Inc.,
    concerning its operations located in Elk Grove Village,
    DuPage County, Illinois. The Stipulation and Settle-
    ment Agreement are incorporated by reference as though
    fully set forth herein.
    2) The Treasure Chest Advertising Company, Inc. shall pay
    the sum of Eighteen Thousand Five Hundred Dollars
    ($18,500.00) 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 Illi-
    nois, 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
    Treasure Chest Advertising Company, 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) Treasure Chest Advertising Company, Inc. shall cease
    and desist from the alleged violations.
    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.)
    IT IS SO ORDERED.
    3
    J. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certifl that the above 9pinion and order was
    adopted on the
    5~—~
    day of
    __________________,
    1993, by a
    vote of
    ~
    .
    ~Dorothy N. G~I~n,Clerk’
    Illinois Po~ution Control Board

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