ILLINOIS POLLUTION

CONTROL

BOARD

January 7, 1993

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

V.

)

PCB 92—190

(Enforcement)

LOOP TRANSFER, INC.,

)

an Illinois corporation,

)

)

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 ii.

Burns,

Attorney

General of the State of Illinois, against Loop

Transfer,

Inc.

located in Chicago, Cook County,

Illinois.

Tb. complaint alleges

that Loop Transfer,

Inc. has violated Section

9(b)

of

the

:

Illinois Environmental Protection Act (~ct9j’~Zil.

Rev~

Stat.

1991,

ch. 111½, par. 1009(b), and 35 Ill.

Ada.iCode

201.143

of

the Board’s rules

and regulations.

Pursuant to Section 31(a) (1) of the Act, ~S

joint

Motion

requesting relief from the )ct’s hearing

requirement

was filed by

the parties on December 1, 1992.

Notice of the waiver

was

published by the Board on December 10, 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 vas fileci by the

parties on December 1, 1992

•

The

Stipulation

sets

forth

facts

pertaining to the nature, operations, and circumstances

surrounding the claimed violations.

.

Loop

Transfer,

Inc.,

admits

to past violations of both Sections

9(a)

and

9(b)

of

the

Act. and

35 Ill. Adin. Code 201.143

and agrees to pay a civil

penalty

of

Seven Thousand Five

Hundred

Dollars ($7,500.00).

Loop Transfer,

Inc. 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. Adm. Code

103.210(a).)

tbe

Board

accordingly

construes

the

stipulation

as

an

agreed

amendment

to

the

complaint.

The

Board

finds

the

Settlement

Agreement

acceptable under

35

0138-0309

---

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

ancA

Settlement

Agreement executed

by

the

People

of

the

State

of

Illinois and Loop

transfer,

Inc.

‘concerning

violations

of Sections

9(a) and 9(b) of the Illinois

Environmental

Protection Act

(~ActN),

Ill.

Rev.

Stat.

1991,

ch.

111½,

pars. 1009(a) and

1009(b),

and

35 Ill. Mm.

Code

201.143 by Loop Transfer,

Inc.’s

operations

located in

Chicago, Cook County, Illinois~ The Stipulation and

Settlement Agreement are incorporated by reference

as

though fully

set

forth herein.

2)

Loop

Transfer,

Inc., shall

pay

the

sum

of

Seven

Thousand. Five

Hundred

Dollars ($7~500.00)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 sell to:

Illinois Environmental Protection Agency

Fiscal Services Divisiofl

2200 Churchill Road

P.O. Box 19276

Springfield, IL 62794—9276

Loop

Transfer,

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,

(Ill. Rev.

Stat.

1991, oh. l20~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

aa’i

appeal

during

which

payment

of

the

penalty

has

been

stayed.

3)

Loop

Transfer,

Inc.

shall cease and desist from the

alleged violations

Section

43. of the Environmental Protection Act

0138-0310

---

3

(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

Iii.

Adm.

Code

101.246,

Motions

for

Reconsideration,

and

Castenada

V.

Illinois

Human

Riahts

commission

(1989),

132

Ill.

2d

304,

547

N.E.2d

437.)

IT

IS

SO

ORDERED.

J.

Theodore

Meyer

dissented.

I,

Dorothy

N.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify

that

the

above

op

ion

and

order was

adopted

on

the

7iZ~

day of

______________________,

3993.

byavoteof

______________.

Illinois Pp~lutionControl Board

0138-0311