ILLINOIS POLLUTION CONTROL BOARD
    February 4,
    1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 92—185
    (Enforcement)
    MAPLE
    PARK
    OIL
    COMPANY,
    an
    )
    Illinois Partnership, and
    )
    ROBERT C. NELSON, as a partner,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board upon a complaint filed
    December
    1,
    1992 on behalf of the People of the State of
    Illinois, by and through its attorney, Roland W. Burns, Attorney
    General of the State of Illinois, against Maple Park Oil Company
    located in Maple Park, DeKalb County, Illinois and Robert
    C.
    Nelson,
    as a Partner.
    The complaint alleges that Maple Park Oil
    Company and Robert
    C. Nelson have violated Section 9(b)
    of the
    Illinois Environmental Protection Act
    (“Act”),
    Ill.
    Rev. Stat.
    1991,
    ch.
    111½, par. 1009(b), and 35 Ill. Adm. Code 201.144 of
    the Board’s rules and regulations.
    Pursuant to Section 31(a) (1)
    of the Act, a joint Motion
    requesting relief from the Act’s hearing requirement was filed by
    the parties on December
    1,
    1992.
    Notice of the waiver was
    published by the Board on December 11,
    1992;
    no objection to
    grant of the waiver was received.
    Waiver of hearing is granted
    by the Board via today’s opinion and order.
    A Stipulation and Settlement Agreement was filed by the
    parties on December 1,
    1992.
    The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violations.
    Maple Park Oil Company and
    Robert C. Nelson, admit to past violations of Section 9(a)
    and
    9(b)
    of the Act,
    Ill.
    Rev.
    Stat.
    1991,
    ch.
    111 1/2,
    pars.
    1009(a)
    and
    (b)
    and 35
    Ill. Adm. Code 201.144 and agrees to pay a civil
    penalty of One Thousand Five Hundred Dollars
    ($1,500.00).
    Maple
    Park Oil Company and Robert
    C. Nelson further agrees to cease and
    desist from the alleged violations.
    The Board notes that the complaint does not allege a
    violation of Section 9(a) however,
    Section 103.210(a)
    of the
    Board’s procedural rules provides that the pleadings may be
    amended to conform to the proof so long as no undue surprise
    results from the amendment.
    (35 Ill.
    Adrn. Code 103.210(a).)
    The
    Board accordingly construes the stipulation and settlement as an
    0139-0081
    2
    agreed amendment to the complaint.
    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.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Maple Park Oil Company and Robert C.
    Nelson, concerning violations of Sections 9(a) and 9(b)
    of the Illinois Environmental Protection Act (“Act”),
    Ill.
    Rev.
    Stat.
    1991,
    ch. 111½, pars. 1009(a) and
    1009(b), and 35 Ill. Adm. Code 201.144 by Maple Park
    Oil Company and Robert C. Nelson’s operations located
    in Maple Park, DeKalb County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    Maple Park Oil Company and Robert C. Nelson,
    shall pay
    the sum of One Thousand Five Hundred Dollars
    ($1,500.00) within 30 days of the date of this Order.
    Such payment must 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 must 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
    Maple Park Oil Company and Robert
    C. Nelson,
    shall also
    write their 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
    subsection
    (a)
    of Section 1003 of the Illinois Income
    Tax Act,
    (Ill. Rev.
    Stat.
    1991,
    ch.
    120,
    par. 10—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.
    0139-0082
    3
    3)
    Maple Park Oil Company and Robert
    C. Nelson shall cease
    and desist from the alleged violations.
    Section 41 of the Environmental Protection Act
    (Ill.Rev.Stat. 1991,
    Ch 111 1/2, par.
    1041) provides for appeal
    of final orders of the Board within 35 days.
    The rules of the
    Supreme Court of Illinois establish filing requirements.
    (But
    see also 35
    Ill. Adm. Code 101.246, Motions for Reconsideration,
    and Castenada v.
    Illinois Human Rights Commission
    (1989),
    132
    Ill. 2d 304,
    547 N.E2d 437.)
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~Jythat the abo e opinion and order was
    adopted on the
    ~/‘-I-
    day of
    __________________,
    1993,
    by a
    vote of
    —
    orothy N. Gkr~, Cler)~
    Illinois Pol(~j~tionControl Board
    0
    I 39-0083

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