ILLINOIS POLLUTION CONTROL BOARD
July
22,
1993
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Cox~iplainant,
)
v
)
PCB 93—109
(Enforcement)
GRANITE CITY PICKLING,
)
& WAREHOUSING,
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 9,
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 Granite City
Pickling & Warehousing,
Inc., an Illinois Corporation located
in
Granite City, Madison County,
Illinois.
The complaint alleges
that Granite City Pickling
& Warehousing,
Inc. has violated
Section 9(a)
of the Illinois Environmental Protection Act (“Act”-
),
415 ILCS 5/25b—2.
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 9,
1993.
Notice of the waiver was published by
the Board on June 21,
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 28,
1993.
The Stipulation sets forth facts
relating to the nature, operations and circumstances surrounding
the claimed violations.
Granite City Pickling & Warehousing,
Inc. admits the alleged violations.
Granite City Pickling
&
Warehousing, Inc. agrees to pay a civil penalty of Two Thousand
Six Hundred and Fifty Dollars
($2,650.00).
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 Illi-
nois and Granite City Pickling
& Warehousing,
Inc.,
concerning its operations located in Granite City,
Madison County,
Illinois.
The Stipulation and Settle-
ment Agreement are incorporated by reference as though
fully set forth herein.
2)
The Granite City Pickling
& Warehousing, Inc. shall pay
the sum of Two Thousand Six Hundred and Fifty Dollars
($2,650.00)
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
Granite City Pickling
& Warehousing,
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)
Granite City Pickling
& Warehousing,
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
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above opinion and order was
adopted on the
~H
day of
___________________,
1993,
by a
voteof
______.
/
/
/1,
~‘
.~
Dorothy N.
Gunni,1 Clerk
Illinois Pollution Control Board