ILLINOIS POLLUTION CONTROL BOARD
    August 9, 1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 90—69
    (Enforcement)
    MATERIAL SERVICE CORPORATION,
    )
    a Delaware corporation,
    )
    Respondent.
    APPEARANCE FOR COMPLAINANT BY JOSEPH ANNtJNZIO, DEPUTY CHIEF,
    ENVIRONMENTAL CONTROL DIVISION ATTORNEY GENERAL’S OFFICE.
    APPEARANCE FOR RESPONDENT BY JEFFREY FRIEDMAN, GOULD & RATNER.
    OPINION AND ORDER OF THE BOARD (by M. Nardulli):
    This matter comes before the Board upon a complaint filed
    April 20 1990 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Neil F. Hartigan,
    Attorney General of the State of Illinois, against Material
    Service Corporation (“Material Service”) located in Fairmont,
    Vermilion County, Illinois. The complaint alleges that Material
    Service has violated Sections 9(a) and (b) of the Illinois
    Environmental Protection Act (“Act”), Ill. Rev. Stat. 1989, ch.
    lll~, pars. 1001, et. seq., and 35 Ill. Adm. Code 201.143 of the
    Board’s rules and regulations.
    Hearing on this matter was held July 6, 1990 in Danville,
    Vermilion County, 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. Material Service admits to past violations of
    Section 9(a) and (b) of the Act and 35 Ill. Adm. Code 201.143 and
    agrees to pay a civil penalty of four thousand dollars
    ($4,000). Material Service 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 tact and
    conclusions of law in this matter.
    1l4~-61
    ORDER
    1.) The Board hereby accepts the Stipulation and
    Settlement Agreement executed by the People of the
    State of Illinois and Material Service Corporation,
    concerning Material Service’s operations located in
    Fairmont, Vermilion County, Illinois. The Stipulation
    and Settlement Agreement are incorporated by reference
    as though fully set forth herein.
    2.) Material Service shall pay the sum of four thousand
    dollars ($4,000) 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
    Material Service shall also write its Federal
    Employer identification Number or Social
    Security Number on the certified check or
    money order.
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat. 1989, ch. lll~, 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.
    Board Member 3. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov~ODinion and Order was
    adopted on the
    ~
    day of
    __________________
    ,
    1990, by a
    vote of
    -~•~-/ .
    ~~
    Dorothy M. ~unn, Clerk
    Illinois Pdllution Control Board
    H

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