ILLINOIS POLLUTION CONTROL BOARD
November 19,
1992
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
)
v.
)
PCB 92-95
)
(Enforcement)
SIMPLEX,
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
June 24,
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 Simplex,
Inc.
located in
Springfield,
Sangamon County,
Illinois.
The complaint alleges
that Simplex,
Inc. has violated Section 9(b)
of the Illinois
Environmental Protection Act (“Act”),
Ill.
Rev.
Stat.
1991,
ch.
111½,
pars.
1009(b),
and 35
Ill.
Adm. Code 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 September 21,
1992.
Notice of the waiver was
published by the Board on October
7,
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 September 21,
1992.
The Stipulation sets forth facts
pertaining to the nature,
operations,
and circumstances
surrounding the claimed violations.
Simplex,
Inc.,
admits to
past violations of Section 9(b)
of the Act and 35 Ill.
Adm. Code
201.143 and agrees to pay a civil penalty of Three Thousand
Dollars
($3,000.00).
Simplex,
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.
Q~37-O
173
2
ORDER
1.)
The Board hereby accepts the Stipui.ation and Settlement
Agreement executed by the People of the State of
Illinois and Simplex,
Inc., concerning violations of
Section 9(b)
of the Illinois Environmental Protection
Act
(“Act”),
Ill. Rev.
Stat.
1991,
ch.
111½, par.
1009(b),
and 35
Ill. Adm.
Code 201.143
by Simplex,
Inc.’s operations located in Springfield, Sangamon
County,
Illinois.
The Stipulation and Settlement
Agreement are incorporated by reference as though fully
set forth herein.
2.)
Simplex,
Inc.,
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
Simplex, 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.
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.
Simplex,
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.
Ci
~37-cJ
171.~
3
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby cert,~~that the above opinion and order was
adopted on the
~
day of
__________________,
1992, by a
vote of
7~
C
~Dorothy
M.
Illinois Po~
Ut 37-0175
Control Board