ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 93-86
    (Enforcement)
    MIDDLEBY CORPORATION,
    a Delaware corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C. A. Manning):
    This matter comes before the Board upon a complaint filed
    May 10, 1993 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 Middleby Corporation, located in
    Elgin, Kane County, Illinois. The complaint alleges that
    Middleby Corporation has violated Sections 9(a) and (b) of the
    Environmental Protection Act (“Act”), 415 ILCS 5/9(a) and 5/9(b)
    (1992), and, 35 Ill. Adm. Code 201.142 and 201.143 of the Board’s
    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 May 10, 1993. Notice of the waiver was published
    by the Board on Nay 24, 1993; 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 May 10, 1993. The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violation. Middleby Corporation, admits
    to past violations of Sections 9(a) and (b) of the Act, 415 ILCS
    5/9(a) and 5/9(b) (1992), and, 35 Ill. Adm. Code 201.142 and
    201.143, and agrees to pay a civil penalty of Six Thousand
    Dollars ($6,000.00). Middleby Corporation 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.
    01
    L.3-020 I
    2
    ORDER
    1. The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Middleby Corporation, concerning
    violations of Sections 9(a) and (b) of the Act, 415
    ILCS 5/9(a) and 5/9(b) (1992), and, 35 Ill. Adm. Code
    201.142 and 201.143, by Middleby Corporation, located
    in Elgin, Kane County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2. Middleby Corporation, shall pay the sum of Six Thousand
    Dollars ($6,000.00) 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 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
    Middleby Corporation, shall also write its Federal
    Employer’s 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 5/1003 of the Illinois Income
    Tax Act, (35 ILCS 5/1003 (1992)), 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. Middleby Corporation shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for appeal of final orders of the Board
    within 35 days. The rules of the Supreme Court of Illinois
    establish filing requirements. (See also 35 Ill. Adm. Code
    101.246, Motion for Reconsideration.)
    Board Member Meyer dissented.
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    Ii
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    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~y~thatthe abo opinion and order was
    adopted on the /7~-’~-’day of
    _________________,
    19
    ,
    by a
    voteof ~-/
    .
    /7
    Do~thy N. Gun,2~Clerk
    Illinois Poll~ion Control Board
    01
    t~.3-02O3

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