ILLINOIS POLLUTION CONTROL BOARD
    February 27,
    1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 91—249
    (Enforcement)
    CUSTOM TAPES,
    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 17,
    1991 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 Custom
    Tapes, Inc. an Illinois Corporation, located in Wheeling, Cook
    County,
    Illinois.
    The complaint alleges that Custom Tapes,
    Inc.
    an Illinois Corporation has violated Section 9(a)
    of the Illinois
    Environmental Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch.
    111½,
    par.
    1009(a)
    and 35 Ill. Adm. Code 215.205(b) (1)
    of the
    Board’s rules and regulations.
    Pursuant to Ill.
    Rev. Stat.,
    1990 Supp.,
    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 December 17,
    1991.
    Notice of the waiver was published by the Board on
    December 27,
    1991; 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 17,
    1991.
    The Stipulation sets forth facts
    pertaining to the nature,
    operations,
    and circumstances
    surrounding the claimed violations.
    Custom Tapes,
    Inc., admits
    to past violations of Section 9(a)
    of the Act and 35 Ill.
    Adin.
    Code 215.205(b) (1) and agrees to pay a civil penalty of One
    Thousand Five Hundred Dollars ($1,500.00).
    Custom Tapes,
    Inc.,
    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.
    13 0—3 11
    2
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Custom Tapes,
    Inc.,
    an Illinois
    Corporation, concerning violations of Section 9(a)
    of
    theIllinois Environmental Protection Act (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111½, pars.
    1009(a), and 35 Ill.
    Adm. Code Section 215.205(b) (1) by Custom Tapes,
    Inc.’s, operations located in Wheeling, Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    Custom Tapes,
    Inc., shall pay the sum of One Thousand
    Five Hundred Dollars
    ($1,500.00) 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
    Custom Tapes,
    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.
    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.
    3.
    Custom Tapes,
    Inc. shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    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.
    130—312
    3
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certifjLthat the abov~Opinion and Order was
    adopted on the
    ~?7~
    day of
    __________________,
    1992, by a
    vote of
    ~
    .
    .
    ~
    A
    Dorothy M.4inn,
    Clerk
    Illinois P~lutionControl Board
    130—313

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