ILLINOIS POLLUTION CONTROL BOARD
September 12,
1991
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
v.
)
PCB 91-79
(Enforcement)
TORVAC,
INC.
Respondent.
RICHARD A. VERKLER APPEARED ON BEHALF OF THE COMPLAINANT.
JAMES J.
KARRAS APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by R.C.
Flemal):
This matter comes before the Board upon a complaint filed May
10,
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 Torvac,
Inc.
(“Torvac”),
located
in Chicago, Cook County,
Illinois.
The complaint alleges
that Torvac has violated Sections
9(a)
and
(b)
of the Illinois
Environmental Protection Act
(“Act”),
Ill.
Rev.
Stat.
1989,
ch.
111½,
pars.
1001,
et.
seq.
and
35
Iii.
Adm.
Code
201.142
and
201.143
of the Board’s rules and regulations.
Hearing
on this matter was held June
18,
1991,
in Chicago,
Illinois.
At
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.
Torvac admits
to past violations of Section 9(a)
and
(b)
of the Act and 35
Iii.
Adm. Code 201.142 and 201.143 and agrees to pay a civil penalty of
two thousand dollars
($2,000).
Torvac 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.
126—5 1
2
ORDER
1.)
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of Illinois
and Torvac,
Inc., concerning violations of Section 9(a)
and
(b) of the Act and 35 Ill.
Adlu. Code Section 201.142
and 201.143 by Torvac’s operations located in Chicago,
Cook County,
Illinois.
The Stipulation and Settlement
Agreement are incorporated by reference as though fully
set forth herein.
2.)
Torvac shall pay the sum of two thousand dollars ($2,000)
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
Torvac
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.
Torvac
shall
cease
and
desist
•from
the
alleged
violations.
Section
41
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. Theodore Meyer dissented.
126—52
3
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that
t~e
above Opinion and Order was adopted
•the
/~‘
day of
____________________,
1991,
by a vote of
.1
Clerk
lution Control Board
126—53