ILLINOIS POLLUTION CONTROL BOARD
    April 6, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CLARK REFINING AND MARKETING,
    INC.
    ,
    Respondent.
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    PCB 95-163
    (Enforcement -
    Air, Water, RCRA)
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    On March 1, 2000, the parties filed a final stipulation and proposal for settlement
    accompanied by a motion requesting relief from the hearing requirement pursuant to Section
    31(c)(2) of the Environmental Protection Act (Act) (415 ILCS 5/31(c)(2) (1998)). The Board
    accepts the final stipulation and proposal for settlement filed by the parties in this matter. The
    amended complaint alleged that respondent violated Section 9(b) of the Act (415 ILCS 5/9(b)
    (1998)) and 35 Ill. Adm. Code 201.142 and 201.143 by constructing and operating air pollution
    control equipment without a permit.
    1
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The notice appeared in the
    The Telegraph
    on
    March 10, 2000. The Board did not receive any requests for hearing. Accordingly, the Board
    grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent admits
    the alleged violations and agrees to pay a civil penalty of $37,500. Respondent must continue
    to comply with any federal, State, or local regulations including, but not limited to, the Act and
    the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    1
    The other allegations in the amended complaint were resolved in orders issued by the Board
    on January 23, 1997, and September 17, 1998.
    2
    ORDER
    1.
    The Board hereby accepts the final stipulation and settlement agreement executed
    by the People of the State of Illinois and Clark Refining & Marketing, Inc., a
    Delaware corporation, regarding its facility located in Hartford, Madison
    County, Illinois. The final stipulation and settlement agreement is incorporated
    by reference as though fully set forth herein.
    2.
    The respondent shall pay the sum of $37,500 within 30 days of the date of this
    order. Such payment shall be made by corporate or certified check payable to
    the Treasurer of the State of Illinois, designated to the Environmental Protection
    Trust Fund. The case number, case name, and the respondent’s federal
    employer identification number 43-1491230 shall also be included on the check
    and should clearly indicate that payment is directed to the Environmental
    Protection Trust Fund.
    3.
    The check shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Donna Lutes
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    4.
    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 5/1003 (1998)), 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.
    5.
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    3
    of this order. Illinois Supreme Court Rule 335 establish such filing requirements. See 172 Ill.
    2d R. 335; see also Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 6th day of April 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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