ILLINOIS POLLUTION CONTROL BOARD
    November 21,
    1991
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    V.
    )
    PCB 91—142
    (Enforcement)
    BROADWELL GRAIN ELEVATOR, 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
    August 19,
    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 Broadwell Grain Elevator,
    Inc. an Illinois Corporation, located in Broadwell, Logan County,
    Illinois.
    The complaint alleges that Broadwell Grain Elevator,
    Inc.
    an
    Illinois Corporation
    has violated Section
    9(b)
    of
    the
    Illinois Environmental
    Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1989, ch. lll~,par.
    1009(b) and 35 Ill.
    Adin. Code 201.143 of
    the
    Board’s rules and regulations.
    A joint motion requesting relief
    from the Act’s hearing requirement was filed by the parties on
    September 17,
    1991.
    Pursuant to
    I11.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 September 24, 1991.
    Notice
    of the waiver was published by the Board on September 28, 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 September 17,
    1991.
    The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances surrounding
    the claimed violations.
    Broadwell Grain Elevator, Inc. admits to
    past violations of Section 9
    (b) of the Act and 35 Ill.
    Adin. Code
    201.143 and agrees to pay a civil penalty of $1,500.00.
    Broadwell
    Grain Elevator,
    Inc.
    further agrees to cease and desist from the
    alleged violations.
    The Board finds the Settlement Agreement acceptable under 35
    Ill.
    Adin.
    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.
    127—207
    2
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of Illinois
    and
    Broadwell
    Grain
    Elevator,
    Inc.,
    an
    Illinois
    corporation, concerning violations of Section 9
    (b)
    of
    the Illinois Environmental Protection Act
    (“Act”), Ill.
    Rev.
    Stat.
    1989,
    ch.
    111½,
    pars.
    1009(b),
    and 35 Ill.
    Adm. Code Section 201.143 by Broadwell Grain Elevator,
    Inc. ‘s operations
    located
    in Broadwell,
    Logan
    County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated
    by
    reference
    as
    though
    fully
    set
    forth
    herein.
    2.)
    Broadwell Grain Elevator,
    Inc. shall pay the sum of One
    thousand five hundred dollars ($1,500) 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
    Broadwell
    Grain
    Elevator,
    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.
    Broadwell Grain Elevator,
    Inc.
    shall cease and desist
    from the alleged violations.
    Section
    43.
    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.
    IT IS SO ORDERED.
    J.D. Duinelle and J. Theodore Meyer disse~ted.
    127— 208
    3
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was adopted
    on the
    ~~?/~4-’
    day of
    ~
    ,
    1991, by a vote of
    ___
    C-
    Dorothy M.,,9(inn, Clef~k~
    Illinois ~p1lution Control Board
    127— 209

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