ILLINOIS POLLUTION CONTROL BOARD
Nay 5, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB 94—111
(Enforcement)
HEXAGON PACKAGING
)
CORPORATION,
an Illinois Corporation,
)
)
Respondent.
OPINION
AND
ORDER OF THE BOARD:
This matter comes before the Board upon a one—count
complaint filed April 6, 1994, 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 Hexagon Packaging Corporation, an Illinois
Corporation located at 103 Railroad Avenue, in the City of
Garyslake, Lake County, Illinois. The complaint alleges that
Hexagon Packaging Corporation has violated Section 25b-2 of the
Illinois Environmental Protection Act (Act), (415 ILCS 5\25b-2),
pertaining to toxic chemical release reporting requirements.
Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
Notion requesting relief from the Act’s hearing requirement on
April 6, 1994. The Board published a notice of the waiver on
April 11, 1994; no objection to grant of the waiver was received.
Waiver of hearing is hereby granted.
The parties filed a Stipulation and Settlement Agreement on
April 6, 1994. The Stipulation sets forth facts relating to the
nature, operations and circumstances surrounding the claimed
violations. Hexagon Packaging Corporation admits the alleged
violations and agrees to pay a civil penalty of four thousand
dollars ($4,000.00).
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.
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
Illinois and Hexagon Packaging Corporation, concerning
its facility located at 103 Railroad Avenue, in the
City of Garyslake, Lake County, Illinois. The
Stipulation and Settlement Agreement are incorporated
by reference as though fully set forth herein.
2) The Hexagon Packaging Corporation, shall pay the sum of
four thousand dollars ($4,000.00) 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
The certified check or money order shall clearly
indicate on its face, the Hexagon Packaging
Corporation’s Federal Employer Identification Number or
Social Security Number and that payment is directed to
the Environmental Protection Trust Fund
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) Hexagon Packaging Corporation shall cease and desist
from the alleged violations.
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 of the date of service of this order. (See also 35 Ill.
Adm. Code 101.246, Motion for Reconsideration.)
3
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert,ify that the abo e opinion and order was
adopted on the
~
day of
__________________,
1994, by a
vote of
______.
Dorothy N. G)14n, Cler1~
Illinois Po~ition Control Board