ILLINOIS POLLUTION CONTROL BOARD
    Nay 5, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—117
    (Enforcement)
    ALCAN-TOYO AMERICA, INC.,
    a Delaware 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 Alcan—Toyo America, Inc., a Delaware Corpora-
    tion located at 17401 South Broadway, in the city of Lockport,
    Will County, Illinois. The complaint alleges that Alcan-Toyo
    America, Inc. has violated Section 25b-2 of the Illinois Environ-
    mental 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
    Motion 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. Alcan—Toyo America, Inc. admits the alleged
    violations and agrees to pay a civil penalty of three thousand
    three hundred and fifty dollars ($3,350.00).
    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.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    2
    1) The Board hereby accepts the Stipulation and settlement
    Agreement executed by the People of the State of
    Illinois and Alcan—Toyo America, Inc. concerning its
    facility located at 17401 South Broadway, in the city
    of Lockport, Will County, Illinois. The Stipulation
    and Settlement Agreement are incorporated by reference
    as though fully set forth herein.
    2) Alcan-Toyo America, Inc. shall pay the sum of three
    thousand three hundred and fifty dollars ($3,350.00)
    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 Alcan—Toyo America, Inc.’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) Alcan-Toyo America, Inc. shall cease and desist from
    the alleged violations.
    IT IS SO ORDERED.
    3. 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.
    Adin. Code 101.246, Motion for Reconsideration.)
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~ythat the above o inion and order was
    adopted on jhe
    ~ day of
    __________________,
    1994, by a
    vote of
    ________.
    7
    ‘2
    ,~-.
    /~/
    Dorothy N. 9sAnn, Clerk
    Illinois Po~1utionControl Board

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