ILLINOIS POLLUTION CONTROL BOARD
    July 27, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ILLINOIS INDUSTRIAL PLATING,
    Respondent.
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    PCB 00-132
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
    On June 28, 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 July 13, 2000, caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement.
    1
    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 Section 9.1(d) of
    the Act (415 ILCS 5/9.1(d) (1998)) and 40 C.F.R. 63.343(b)(1). Complainant alleges that the
    respondent committed these violations by failing to conduct an initial performance test at its
    Peoria County, Illinois, facility.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent admits
    the alleged violations in the complaint and agrees to pay a total civil penalty of $2,500.
    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
    Since notice was actually published prior to the Board order requiring publication, the 21-day
    reply period has already expired and the Board is able to grant the requested relief from the
    hearing requirement at this time.
    2
    1. The Board hereby accepts the stipulation and proposal for settlement executed by
    the People of the State of Illinois and Illinois Industrial Plating, regarding a
    facility located in Peoria County, Illinois. The stipulation and proposal for
    settlement is incorporated by reference as if fully set forth herein.
    2. Respondent shall pay the total sum of $2,500, with $1,250 being paid within 30
    days of the date of this order, and $1,250 being paid within six months from the
    date of this order. Such payments 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 (37-1120529) 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:
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    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.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above opinion and order was adopted on the 27th day of July 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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