ILLINOIS POLLUTION CONTROL BOARD
    April 22, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 93—42
    (Enforcement)
    ROBERT Y. JORDAN and PRISCILLA
    )
    W. JORDAN,
    )
    Respondents.
    OPINION AND ORDER OF THE BOARD (by J. C. Marlin):
    This matter comes before the Board upon a complaint filed
    February 26, 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 Robert Y. Jordan and
    Priscilla W. Jordan, doing business in Northbrook, Cook County,
    Illinois. The complaint alleges that Robert Y. Jordan and
    Priscilla W. Jordan have violated Section 21(1) 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 February 26, 1993. Notice of the waiver was
    published by the Board on March 18, 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 February 26, 1993. The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violation. Robert Y. Jordan and
    Priscilla W. Jordan, admit to past violations of Section 21(i) of
    the Act, and 35 Ill. Adm. Code 722.141(a) and agree to pay a
    civil penalty of Six Thousand Dollars ($6,000.00). Robert Y.
    Jordan and Priscilla W. Jordan further agree to cease and desist
    from the alleged violation.
    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
    01 L~
    -0259
    2
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Robert Y. Jordan and Priscilla W. Jordan,
    concerning violation of Section 21(i) of the Illinois
    Environmental Protection Act (“Act”), 415 ILCS 5/21(1)
    (1992), and 35 111. Adm. Code 722.141(a) by Robert Y.
    Jordan and Priscilla W. Jordan, doing business in
    Northbrook, Cook County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) Robert Y. Jordan and Priscilla W. Jordan, shall pay the
    sum of Six Thousand Dollars ($6,000.00) 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
    Hazardous Waste 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
    Robert Y. Jordan and Priscilla W. Jordan, shall also
    write their 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) Robert 1. Jordan and Priscilla W. Jordan 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. (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.E.2d 437
    and Strube v. Illinois Pollution Control Board, No. 3-92—0468,
    slip op. at 4-5 (3d Dist. March 15, 1993).)
    IT IS SO ORDERED.
    -0260
    3
    J. Theodore dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov opinion and order was
    adopted on the ~
    day of
    ___________________,
    i~93, by a
    vote of .5
    -/ .
    Dorothy M. 9~nn, Cl&k
    Illinois ~l1ution Control Board
    OItd -0261

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