ILLINOIS POLLUTION CONTROL BOARD
July 1, 1993
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 93—98
(Enforcement)
3216 GARAGE CORPORATION,
)
an Illinois corporation,
)
Respondent.
OPINION AND ORDER OF THE BOARD (by C. A. Manning):
This matter comes before the Board upon a complaint filed
May 10, 1993 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 3216 Garage Corporation, located
in Chicago, Cook County, Illinois. The complaint alleges that
3216 Garage Corporation has violated Section 21(i) of the
Environmental Protection Act (“Act’t), 415 ILCS 5/21(i) (1992),
and, 35 Ill. Adm. Code 722.141(a) of the Board’s 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 May 10, 1993. Notice of the waiver was published
by the Board on May 27, 1993; 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 May 10, 1993. The Stipulation sets forth facts
pertaining to the nature, operations, and circumstances
surrounding the claimed violation. 3216 Garage Corporation,
admits to past violations of Section 21(i) of the Act, 415 ILCS
5/21(i) (1992), and, 35 Ill. Adm. Code 722.141(a), and agrees to
pay a civil penalty of Two Thousand Five Hundred Dollars
($2,500.00). 3216 Garage Corporation further agrees to cease and
desist from the alleged violations.
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 3216 Garage Corporation, concerning
violations of Section 21(i) of the Act, 415 ILCS
5/21(i) (1992), and, 35 Ill. Adm. Code 722.141(a), by
3216 Garage Corporation, located in Chicago, Cook
County, Illinois. The Stipulation and Settlement
Agreement are incorporated by reference as though fully
set forth herein.
2. 3216 Garage Corporation, shall pay the sum of Two
Thousand Five Hundred Dollars ($2,500.00) 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
3216 Garage Corporation, shall also write its Federal
Employer’s 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 5/1003 of the Illinois Income
Tax Act, (35 ILCS 5/1003 (1992)), 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. 3216 Garage Corporation shall cease and desist from the
alleged violations.
Section 41 of the Environmental Protection Act (415 ILCS
5/41 (1992)) provides for appeal of final orders of the Board
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
J. Theodore Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the abo ~~pinion and order was
adopted on the
/-‘~
day of
-
,
1993, by a
vote of
— / ‘.
/7
~
Dorothy M.,4~unn, Clerk
Illinois Pb,llution Control Board