ILLINOIS POLLUTION CONTROL BOARD
May 4, 2000
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
AUTORESEARCH LABORATORIES,
INC., a Delaware corporation,
Respondent.
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PCB 00-166
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On March 31, 2000, the parties filed a stipulation and proposal for settlement. The
Board accepts the stipulation and proposal for settlement filed by the parties in this matter. The
complaint alleged that respondent violated Section 39.5(18)
of the Environmental Protection Act
(Act) (415 ILCS 5/39.5(18)
(1998)) and the Illinois Environmental Protection Agency
regulations pertaining to the Clean Air Act Permit Program (CAAPP) procedures found at 35
Ill. Adm. Code 270.603 by failing to pay CAAPP fees.
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
Chicago Sun-Times
on April 3, 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 total payment of $9,872.76. This payment includes a
civil penalty of $1,043.96 designated to the Environmental Protection Trust Fund; the balance
of the payment is designated to the Clean Air Act Permit Fund. 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.
ORDER
1.
The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and AutoResearch Laboratories, Inc., a
Delaware corporation, regarding its facilities located at the Harvey Technical
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Center Industrial Park, Harvey, Cook County, Illinois and 6735 South Old
Harlem Avenue, Bedford Park, Cook County, Illinois. The stipulation and
settlement agreement is incorporated by reference as though fully set forth
herein.
2.
The respondent shall pay the sum of $9,872.76 in six quarterly payments of
$1,645.46. The first payment is due within 30 days of the date of this order and
subsequent payments shall be due every three months thereafter. The first five
payments shall be made by certified check or money order payable to the
Treasurer of the State of Illinois, designated to the Clean Air Act Permit Fund.
The final payment shall be as follows: $601.50 shall be made payable to the
Treasurer of the State of Illinois, designated to the Clean Air Act Permit Fund;
the balance of $1,043.96 shall be made 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
36-2411266 shall also be included on the checks (or money orders).
3.
The checks (or money orders) 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:
Kelly Cartwright
Assistant Attorney General
Environmental Bureau
188 West Randolph Street
Chicago, Illinois 60601
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 future alleged violations of any federal, State,
or local statutes and regulations.
IT IS SO ORDERED.
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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
of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
Ill. 2d R. 335; see also 35 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 4th day of May 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board