ILLINOIS POLLUTION CONTROL BOARD
November 19, 1992
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 92—146
)
(Enforcement)
GREYHOUND LINES, INC., a
)
Delaware Corporation,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD (by J.C. Marlin):
This matter comes before the Board upon a complaint filed
October 7, 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 Greyhound Lines, Inc., located
in Chicago, Cook County, Illinois. The complaint alleges that
Greyhound Lines, Inc. has violated Section 21(i) of the Illinois
Environmental Protection Act (“Act”), Ill. Rev. Stat. 1991, ch.
111½, par. 1021(i) and 35 Ill. Adm. Code 722.141(a) 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 October 7, 1992. Notice of the waiver was
published by the Board on October 22, 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 October 7, 1992. The Stipulation sets forth facts
pertaining to the nature, operations, and circumstances
surrounding the claimed violations. Greyhound Lines, Inc.,
admits to past violations of Sections 21(1) of the Act, Ill. Rev.
Stat. 1991, ch. 111 1/2, par. 1021(i) and 35 Ill. Adm Code
722.141(a) and agrees to pay a civil penalty of Twenty-Eight
Thousand Dollars ($28,000.00). Greyhound Lines, Inc. further
agrees to cease and desist from the alleged violations.
The Board finds the Settlement Agreement acceptable under 35
Ill. Adir. 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.
~137-Q2O5
2
ORDER
1.) The Board hereby accepts the Stipuation and Settlement
Agreement executed by the People of the State of
Illinois and Greyhound Lines, Inc., concerning
violations of Section 21(1) of the Illinois
Environmental Protection Act (“Act”), Ill. Rev. Stat.
1991, ch. 111½, par. 1021(i), and 35 Ill. Adm. Code
722.141(a) by Greyhound Lines, Inc.’s, operations
located in Chicago, Cook County, Illinois. The
Stipulation and Settlement Agreement are incorporated
by reference as though fully set forth herein.
2.) Greyhound Lines, Inc., shall pay the sum of Twenty-
Eight Thousand Dollars ($28,000.00) 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 Illinois
Hazardous Waste 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
Greyhound Lines, 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. Greyhound Lines, 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.
Board Member J. Theodore Meyer dissented.
O~37-0206
3
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certj.,~,y.that the above—)opinion and order was
adopted on ~the ~
day of
_________________,
1992, by a
voteof
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Dorothy N. /~nn, Clerk
Illinois P~lution Control Board
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