ILLINOIS POLLUTION CONTROL BOARD
    May 20,
    1993
    PEOPLE OF THE STATE OF ILLINOIS,)
    Complainant,
    PCB 92—70
    v.
    )
    (Enforcement)
    GAS TECH,
    INCORPORATED,
    an Illinois corporation,
    formerly known as LINDE GASES
    )
    OF THE MIDWEST,
    INC.,
    )
    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 7,
    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 Union Carbide Industrial Gases,
    Inc.,
    located in, Cook County,
    Illinois.
    On January
    19,
    1993
    a
    motion was filed to amend the caption to reflect the proper party
    respondent as Gas Tech,
    Incorporated
    (previously known as Linde
    Gases of the Midwest,
    Inc.).
    The complaint alleges that Union
    Carbide Industrial Gases,
    Inc.,
    now known as Gas Tech,
    Inc., has
    violated Section 21
    (i)
    of the Environmental Protection Act
    (“Act”),
    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 April
    6,
    1993.
    Notice of the waiver was published
    by the Board on April
    15,
    1993;
    no objection to grant of the
    waiver was received.
    Waiver of hearing is granted by the Board
    via today’s opinion and order.
    The parties have submitted a
    Stipulation and Settlement Agreement, executed by the parties.
    Gas Tech,
    Inc. denies the past alleged violations but agrees to
    cease and desist from future violations of Section 21(i)
    of the
    Act and 35 Ill.
    Adm. Code 722.141(a).
    Gas Tech,
    Inc. agrees to
    pay a civil penalty of Four Thousand Five Hundred Dollars
    ($4,500.00)
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation.
    See, Chemetco,
    Inc.
    v. Illinois Pollution Control
    Board,
    140 Ill. App.3d
    ,283,
    488 N.E.2d 639,
    643
    (5th Dist.
    1986); and Archer Daniels Midland v. Pollution Control Board,
    140
    Il1.App.3d 823, 489 N.E.2d 887
    (3rd Dist.
    1986).
    The Board finds the Settlement Agreement acceptable under 35
    0
    L~2-O52
    I
    2
    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 Gas Tech,
    Inc., concerning their
    operations located in Cook County, Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.
    Gas Tech,
    Inc.
    shall pay the sum of Four Thousand Five
    Hundred Dollars
    ($4,500.00) 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 Illinois Hazardous
    Waste 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
    Gas Tech,
    Inc. shall also write its 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,
    (35 ILCS 5/101 et seq.),
    as now or hereafter
    amended, from the date of 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.
    Gas Tech,
    Inc.
    shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    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.
    (But see also 35 Ill.
    Adin.
    Code
    01 ‘42-0522
    3
    101.246, Motions for Reconsideration.)
    Board Member Meyer dissented.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi~that the above Opinion and Order was
    adopted on the
    ~
    day of
    _________________,
    1993, by a
    voteof
    5~/
    .
    Dorothy M. 4.inn,
    Clerk
    Illinois Pollution Control Board
    01 ~~2-0523

    Back to top