ILLINOIS POLLUTION CONTROL BOARD
    November 7,
    1991
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 90—140
    (Enforcement)
    G & K INVESTMENTS,
    INC.,
    &
    GARY
    CRCfSS and KEVIN LEESNAN.
    )
    )
    Respondents.
    JOHN J.
    KIM, ASSISTANT ATTORNEY GENERAL APPEARED ON BEHALF OF THE
    COMPLAINANT.
    THOMAS E.
    I
    ELIFF, KEYSER, OBERLE
    & DAVIES, APPEARED ON
    BEHALF OF THE RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes before the Board upon a complaint filed
    July 27,
    1990 on behalf of the People of the State of Illinois
    (“People”), by and through the Attorney General of the State of
    Illinois, against G
    & K Investments,
    Inc., Gary Cross and Kevin
    Lessman, individually and as officers thereof.
    The complaint
    alleges that Respondent has violated subsection 112
    (c) (1) (B)
    of
    the Clean Air Act
    (42 U.S.C.
    7412
    (c)(1)(B)), 40C.F.R.
    61.l46(a,b,c), 40 C.F.R.
    61.147
    (e)(1), and 40 C.F.R.
    61.152(a)
    (1989)
    and subsection 9.1(d)
    of the Illinois Environmental
    Protection Act
    (Ill. Rev.
    Stat. 1989,
    ch.
    111 1/2 par.
    1009.1(d)).
    Section 9.1 of the Illinois Environmental Protection
    Act provides in part that Section 112 of the federal Clean Air
    Act relating to the establishment of national emissions for
    hazardous air pollutants are applicable in this State and are
    enforceable under this Act.
    Hearings on this matter were held December
    6,
    1990 and June
    27,
    1991 at Logan County Courthouse in Lincoln,
    Illinois.
    At the
    first hearing the parties were granted a continuance to finalize
    a settlement agreement.
    At the second hearing, the parties
    submitted a Stipulation and Settlement Agreement,
    executed by the
    parties.
    The Stipulation sets forth facts pertaining to the
    nature, operations and circumstances surrounding the claimed
    violations.
    The Respondents do not contest the violations
    alleged in the’complaint and agree to pay a penalty of nine
    thousand dollars ($9,000).
    Respondents further agree to take
    remedial action as described in “the Soil Conservation Letter”
    (Attachment to Settlement Agreement)
    and as specified in the
    Settlement Agreement.
    Respondents also agree to cease and desist
    from the alleged violations.
    127—05
    2
    The Board finds the Settlement Agreement acceptable under 35
    Ill.
    Adin. Code 103.180.
    This Settlement Agreement in no way
    affects Respondents’ 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 the law in this matter.
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement including Soil Conservation Letter Attachment
    executed by the People of the State of Illinois and G
    &
    K Investments,
    Inc., Gary Cross and Kevin Leesman
    concerning violations of subsection 112
    (c) (1) (B)
    of
    the Clean Air Act
    (42 U.S.C. 7412
    (c)(1)(B)),
    40 C.F.R.
    61.146
    (a,b,c),
    40 C.F.R.
    61.147
    (e)(1), and 40 C.F.R.
    61.152(a)
    (1989)
    and subsection 9.1(d)
    of the Illinois
    Environmental Protection Act
    (Ill. Rev.
    Stat.
    1989,
    ch.
    111 1/2, par.
    1009.1(d)).
    The Stipulation and
    Settlement Agreement with Attachment are incorporated
    by reference as though fully set forth herein.
    2.)
    Respondents shall pay the sum of nine thousand dollars
    ($9,000) within 90 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
    Respondents shall also write their 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 the 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
    127—06
    3
    appeal during which payment of the penalty has been
    stayed.
    3.)
    Respondents shall cease and desist from the alleged
    violations.
    Section 41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1989,
    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.
    IT IS SO ORDERED.
    Board Member
    3.
    D. Dumelle dissented.
    Board Member
    3.
    Theodore Meyer concurred.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby cer~,ifythat the above~p,pinionand Order was
    adopted on the
    /
    day of
    7/
    ~
    ,
    1991,
    by
    avoteof
    _______
    .
    ~
    ~?.
    ~
    ~‘
    ~borothy N. ~
    Clerk
    Illinois Poll~tionControl Board
    12 7—0
    7

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