ILLINOIS POLLUTION CONTROL BOARD
    January
    21, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 92—193
    )
    (EnfOrcement)
    MONONA TIRE
    COMPANY,
    a
    )
    Wisconsin corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF
    THE
    BOARD
    (by J. C. Marlin):
    This matter comes before
    the
    Board upon a complaint filed
    December
    2,
    1992 on
    behalf
    of the People of the State
    of
    Illinois, by and through its attorney, Roland W. Burns, Attorney
    General of the State of Illinois,
    against Monona Tire Company
    located in Rockford, Winnebago County, Illinois.
    The
    complaint
    alleges that Monona Tire Company has violated Sections 9(a) and
    9(b)
    of the Illinois Environmental Protection Act (“Act”),
    Il.
    Rev. Stat.
    1991,
    ch. 111½, pars.
    1009(a) a~d1009(b), and 35 Ill.
    Adm. Code 201.142 and 201.143 of the Board’s rules and
    regulations.
    Pursuant to Section 31(a) (1)
    of the Act, a joint Motion
    requesting relief from
    the Act’s hearing requirement was filed by
    the parties on December
    17,
    1992.
    Notice of
    the
    waiver was
    published by the Board on
    December 23,
    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 December 2, 1992.
    The Stipulation sets forth facts
    pertaining to the nature,
    operations, and circumstances
    surrounding the claimed violations.
    Monona Tire Company, admits
    to past violations of Sections 9(a) and 9(b) of the Act and 35
    Ill.
    Adm. Code 201.142 and 201.143 and agrees to pay a civil
    penalty of Three Thousand Dollars ($3,000.00).
    Monona Tire
    Company
    further agrees to cease and desist
    from the alleged
    violations.
    The Board finds the Settlement
    Agreement acceptable under 35
    Ill.
    Adin. 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
    013.8-o495
    2
    conclusions of law in this matter.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Monona Tire Company, concerning violations
    of Sections 9(a) and 9(b) of the Illinois Environmental
    Protection Act
    (“Act”), Ui. Rev. Stat.
    1991,
    ch. 111½,
    pars. 1009(a) and 1009(b), and 35 Ill. Aim. Code
    201.142 and 201.143 by Monona Tire Company’s operations
    located in Rockford, Winnebago County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set’ forth herein.
    2)
    Monona Tire Company, shall pay the sum of Three
    Thousand Dollars
    ($3,000.00) 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
    mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200
    Churchill
    Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    Monona Tire 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.
    1991,
    cb.
    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)
    Moriona Tire Company shall cease and desist
    from the
    alleged violations.
    Section 41 of the Environmental Protection Act
    (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 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.)
    OI38-O~96
    3
    IT IS SO ORDERED.
    Board Member
    J. Theodore Meyer dissented.
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abo
    opinion and order was
    adopted on the
    ~
    day of
    __________________,
    1993, by a
    vote of
    ~
    .
    ___lit-a
    Dorothy M.
    ,
    Clerk
    Illinois P
    ution Control Board
    0 l.38-~Qf~97

    Back to top