ILLINOIS POLLUTION CONTROL BOARD
    May 7,
    1992
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 92—37
    (Enforcement)
    ARO READY MIX,
    INC., a/k/a
    ARO CONCRETE,
    an Illinois
    corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.C.
    Marlin):
    This matter comes before the Board upon
    a complaint filed
    March 2,
    1992 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 ARO Ready Mix,
    Inc.
    located in Streator,
    LaSalle County,
    Illinois.
    The
    complaint alleges that ARO Ready Mix,
    Inc. has violated Sections
    9(a)
    and
    (b)
    of the Illinois Environmental Protection Act
    (“Act”)
    ,
    Ill.
    Rev.
    Stat.
    1991,
    ch.
    111½,
    pars.
    1009(a)
    and
    (b)
    and 35
    Ill.
    Adm.
    Code 201.143 of the Board’s rules and
    regulations.
    Pursuant to Ill.
    Rev.
    Stat.,
    1991,
    ch. 111 1/2,
    par.
    1031(a) (1), a joint motion requesting relief from the Act’s
    hearing requirement was filed by the parties on March
    2,
    1992.
    Notice of the waiver was published by the Board on March 16,
    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 March
    2,
    1992.
    The stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violations.
    ARO
    Ready Mix,
    Inc. admits
    to past violations of Sections 9
    (a) and
    (b)
    of the Act and 35
    Ill.
    Adm.
    Code 201.143 and agrees to pay
    a civil penalty of Two
    Thousand Dollars ($2,000.00).
    ARO
    Ready Mix,
    Inc. further agrees
    to cease and desist from the alleged violations.
    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.
    133—279
    2
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and ARO Ready Mix Inc., concerning violations
    of Sections 9(a) and
    (b) of the Illinois Environmental
    Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1991,
    ch.
    111½,
    pars.
    1009(a)
    and
    (b),
    and 35
    Ill. Adm.
    Code 201.143 by
    ARO Ready Mix,
    Inc.’s operations located in Streator,
    LaSalle County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2.)
    ARO Ready Nix,
    Inc. shall pay the sum of Two Thousand
    Dollars
    ($2,000.00)
    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
    ARO Ready Mix,
    Inc.
    shall also write its Federal
    Employer Identification Number on 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,
    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.
    3.
    ARO Ready Mix,
    Inc.
    shall cease and desist from the
    alleged violations.
    Section 41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1991,
    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.
    IT IS SO ORDERED.
    133—280
    3
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certj~ythat the above(~opinionand order was
    adopted on the
    7
    day of
    ____________________,
    1992,
    by a
    vote of
    7—c
    .
    Clerk
    lution Control Board
    13
    3—28 1

    Back to top