ILLINOIS POLLUTION CONTROL BOARD
    July 13, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BODINE ELECTRIC COMPANY,
    an Illinois corporation,
    Respondent.
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    PCB 98-145
    (Enforcement - Air)
    ORDER OF THE BOARD (by E.Z. Kezelis):
    On June 1, 2000, the complainant filed a stipulation and proposal for settlement
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Environmental Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)).
    Pursuant to Section 31(c)(2) of the Act, the Board, by order of June 8, 2000, caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. In its complaint, the complainant alleged that the respondent violated Sections 9(a) and
    (b) of the Act (415 ILCS 5/9(a), (b) (1998)) and 35 Ill. Adm. Code 201.144, 218.105,
    218.204, and 218.211 of the Board’s air pollution regulations. Complainant also alleges that
    respondent violated Special Condition #1(d) of its operating permit number 91080088.
    Complainant alleges that the respondent committed these violations at its Cook County, Illinois,
    facility. Respondent denies the violations.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent agrees
    to pay a total civil penalty of $75,000. Respondent must continue to comply with any federal,
    State, or local regulations including, but not limited to, the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and proposal for settlement executed
    by the People of the State of Illinois and Bodine Electric Company, regarding a
    facility located in Cook County, Illinois. The stipulation and proposal for
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    settlement is incorporated by reference as if fully set forth herein.
    2.
    Respondent shall pay the sum of $75,000 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. The case number, case name, and respondent’s federal
    employer identification number (360821210) shall also be included on the check
    or money order.
    3.
    The check or money order shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously
    submitted to:
    Kelly A. O’Connor
    Assistant Attorney General
    Environmental Bureau
    188 W. Randolph St., 20
    th
    Floor
    Chicago, Illinois 60601
    4.
    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(35 ILCS 5/1003(a) (1998)), 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.
    5.
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 13th day of July 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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