ILLINOIS POLLUTION CONTROL BOARD
    June 8, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    EAGLE-PICHER INDUSTRIES, INC.,
    an Ohio corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 99-152
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
    On May 9, 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 May 18, 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 Sections 201.141, 201.142, 201.143, and
    215.204(j)(5) of the Board’s air pollution regulations (35 Ill. Adm. Code 201.141, 201.142,
    201.143, and 215.204(j)(5)). Complainant alleges that the respondent committed these
    violations by causing or tending to cause air pollution and by constructing and operating rubber
    mold injection presses without permits, at its Edgar 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 $66,944.50.
    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.
    2
    ORDER
    1.
     
    The Board hereby accepts the stipulation and proposal for settlement executed by
    the People of the State of Illinois and Eagle-Picher Industries, Inc., an Ohio
    corporation, regarding a facility located in Edgar County, Illinois. The
    stipulation and proposal for settlement is incorporated by reference as if fully set
    forth herein.
     
    2.
     
    Respondent shall pay the sum of $66,944.50 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 (31-0268670) 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 Section
    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
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    4.
     
    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 8th day of June 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top