ILLINOIS POLLUTION CONTROL B~RD
    August 13,
    1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 90—161
    (Enforcement)
    COLUMBIA
    QUARRY
    COMPANY,
    )
    a Missouri corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes
    before
    the
    Board upon
    a
    complaint filed
    August
    15,
    1990 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Roland W. Burns, Attorney
    General of the State of Illinois, against Columbia Quarry Company
    located in Columbia,
    St.
    Clam
    County,
    Illinois and
    in Valmeyer,
    Monroe
    County,
    Illinois.
    The
    complaint alleges
    that
    Columbia
    Quarry Company has violated Sections 9(a)
    and
    (b)
    of the Illinois
    Environmental Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111½,
    pars.
    1009(a)
    and
    (b)
    and
    35
    Ill.
    Adm.
    Code 212.322
    and
    212.322(a)
    of the Board’s rules and regulations.
    Pursuant to Ill. Rev.
    Stat.,
    1990 Supp.,
    ch.
    ill 1/2, par.
    1031(a) (1), a joint Motion requesting relief from the Act’s
    hearing requirement was filed by the parties on June 11,
    1992.
    Notice of the waiver was published by the Board on July
    1,
    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 was filed by the
    parties on June 11,
    1992.
    The Stipulation sets .forth facts
    pertaining to the nature, operations,
    and circumstances
    surrounding the claimed violations.
    Columbia Quarry Company
    “does not contest” violations of Sections
    9
    (a) and
    (b)
    of the
    Act.
    The Stipulation does not address violations
    35 Ill. Adm.
    Code 212.322 and 212.322(a).
    Columbia Quarry Company agrees to
    pay a civil penalty of Five Thousand Dollars
    ($5,000.00).
    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.
    0135-0265
    2
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Columbia Quarry Company, concerning
    violations of Sections 9(a)
    and
    (b) of the Illinois
    Environmental Protection Act (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch. 111½,
    pars.
    1009(a) and
    (b), and 35
    Ill. Adm.
    Code 212.322 and 212.322(a)
    by Columbia Quarry
    Company’s,
    operations located in Columbia,
    St.
    Clam
    County,
    Illinois and in Valmeyer, Monroe County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    Columbia Quarry Company, shall pay the sum of Five
    Thousand Dollars ($5,000.00) 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 Environmental
    Protection Trust 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
    Columbia Quarry Company, 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.
    1989,
    ch.
    120, 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.
    Section 41 of the Environmental Protection Act,
    Ill.
    Rev. Stat.
    1989,
    ch.
    111½, 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
    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.)
    IT IS SO ORDERED.
    0135-0266
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby cert~1~that the abov~Opinion and Order was
    adopted on the
    /3’~
    day of
    ,,,3~992,by a
    vote of
    7
    °
    .
    :1?-).
    ~orothy
    M..4unn,
    Cl’erk
    Illinois ~llution
    Control Board
    0135-0267

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