ILLINOIS POLLUTION CONTROL BOARD
    May 5, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—115
    (Enforcement)
    SCHUMACHER ELECTRIC
    )
    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 Schumacher Electric Corporation, an Illinois
    Corporation located at 1025 East Thompson, in the City of
    Hoopeston, Vermilion County, Illinois. The complaint alleges
    that Schumacher Electric 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 12, 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. Schumacher Electric Corporation admits the alleged
    violations and agrees to pay a civil penalty of two thousand four
    hundred and fifty dollars ($2,450.00).
    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.
    2
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Schumacher Electric Corporation,
    concerning its facility located at 1025 East Thompson,
    in the City of Hoopeston, Vermilion County, Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) The Schumacher Electric Corporation, shall pay the sum
    of two thousand four hundred and fifty dollars
    ($2,450.00) 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 Schumacher Electric
    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) Schumacher Electric 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, Notion for Reconsideration.)
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the
    opinion and order was
    adopted on the
    £~
    day of
    vote of ~—c
    1994, by a
    -7
    .,
    Clerk
    P01. ion Control Board

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