ILLINOIS POLLUTION CONTROL BOARD

January 7, 3993

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

)

Complainant,

)

V.

)

PcB

92~-l86

(Enforcement)

HILL CONCRETE PRODUCTS,

INC.,

)

an Illinois corporation,

)

Respondent.

OPINION

AND

ORDER

OP

THE

BOARD

(by 3,

C.

Marlin):

This

matter comes before the

Board

upon

*

complaint

filed

December

1,

1992 on behalf of the Peopl. of the

State

of

Illinois, by and through its

attorney, Roland

N. Burns,

Attorney

Gefleral of the State of Illinois, against

Hill

Concret.

Products,

Inc. located in Hillcrest, Cook County, Illinois.

The

complaint

alleges that

fill.

Concrete Products, Inc.

has

violated Siction

9(a) of the Illinois Environmental Protection Act (Act”), Ill.

Rev. Stat.

1991, ch.

111¾, pars. 1009(a), Section 9(b), and 35

Ill. Ada.

Code 201.143 of the Board’s

rules

and

regulations.

Pursuant to Section 31(a) (1) of the Act, a joint Notion

requesting relief from

the

Act’s hearing requirement

was

filed ~y

the

parties on

December

1, 1992.

Notice of the vaiv.r

was

published by the Board on

December

10, 1992; no

obj.ction

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

tiled by the

parties on December 1, 1992.

The Stipulation sets

forth facts

pertaining to the nature, operations, and circumstances

surrounding

the

claimed violations.

Hill’ Concrete Products,

Inc.,

admits to past violations of Section 9(a) and 9(b) of the

Act

and 35 Ii..

Ada.

Code

201.143 and

agrees

to pay

a civil.

penalty

of

One

Thousand

Five

Hundred

Dollars

($1,500.00).

Hill

Concrete Products,

Inc. further

agrees to cease

and

desist from

the alleged violations.

The Board finds

the

Settlement Agreement

acceptable

under

35

Ill.

Ada.

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.

0138-0305

---

2

ORDER

3)

The Board hereby accepts the Stipulation and

Settlement

Agreement executed by the People of the State of

Illinois

and Hill

Concrete

Products,

Inc.,

concerning

violations

of

Section

9(a)

of

the

Illinois

Environmental

Protection

Act

(“Act”),

Ill

•

Rev. Stat.

1991,

ch.

111¾,

pars.

1009(a),

Section

9(b),

and 35

Ill..

Ada.

Code

201.143

by Hill Concrete

Products,

Inc.’s operations located in Hillcrest,

Cook

county,

Illinois.

The Stipulation

and

Settlement

Agreement

~re

incorporated

by

reterence

as

though

fully

set

forth

herein.

2)

Hill

Concrete

Products,

Inc.,

shall

pay thr~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 Stat.

of I1linoi~,

designated

to

the

Environmental

Protection

Trust

FUnd,

and

must

be

sent

by

First

Class

mail

to:

Illinois

Environmental

Proteption

Agency

Fiscal

Services

Division

2200

Churchill

Road

P.O~ Box

Springfield,..

IL

62794—9276

Hill Conérete

Products,

Inc.,.

sballalsó

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

*Ct

forth

in

subsection

(a)

of

Section

1003

of

the

fl’linois

Income

Tax

Act,

(Ill.

Rev.

Stat.

1991,

oh.

12.0,

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.

3)

Bill

Concrete

Products,

Inc.

shall

cease

and desist

from

the

alleged

violations.

Section

41

of

the

Environmental

Protection

Act

(Ill.R’~’.Stat.

1991,

Ch

.11

1/2,

par.

1041)

provides

for

appeal

of finaj. orders of the

Board

within

35

days.

The

rules

of

the

Supreme Court of Illinois establish filing requirements.

(But

see also 35 Ill. Ada.

::‘~de101.246, Notions for Reconsideration,

and Castenada v

Illinois Human Riahts Commission (3989), 132

Ill. 2d 304,

547 N.E.2d 437.)

0138-0306

---

3

IT IS

SO

ORDERED.

J. Theodore Meyer dissented.

I, Dorothy H.

Gunn,

Clerk of the Illinois Pollution

Control.

Board, hereby certif

at

the

above

op

ion

and

order

was

adopted

on

the

__________

day

of

,

1993,

byavoteof

______________.

I

Illinois

Pol3ñtion

Control

Board