ILLINOIS POLLUTION CONTROL BOARD

August 9, 1990

PEOPLE OF THE STATE

)

OF ILLINOIS

Complainant,

v.

)

PCB 90—78

(Enforcement)

SUPPORT TERMINAL SERVICES,

)

INC., a Delaware corporation,

)

Respondent.

APPEARANCE FOR COMPLAINANT BY PAMELA CIARROCCHI, ASSISTANT

ATTORNEY GENERAL.

OPINION AND ORDER OF THE BOARD (by J. Marlin):

This matter comes before the Board upon a four count

complaint filed April 24, 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

Support Terminal Services, Inc. (Support Services), located in

Chillicothe, Peoria County, Illinois. The complaint alleges that

Support Services has violated Sections 9(b) and 9.l(d)(l) of the

Illinois Environmental Protection Act (“Act”), Ill. Rev. Stat.

1989, ch. lll~,pars. 1001, et. seq., and 35 Ill. Adm. Code

201.142, 201.143, 230.110 and 230.212 of the Board’s rules and

regulations. In addition, the complaint alleges violation of 40

CFR 60.7 and 60.ll2b (a)(3), which are incorporated by reference

in the Board’s rules at 35 Ill. Mm. Code 230.110 and 230.212.

Hearing on this matter was held July 6, 1990 in Peoria,

Peoria 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. Support Services admits to past violations of

Section 9(b) of the Act and 35 Ill. Adrn. Code 201.142, 201.143,

230.110 and 230.212, as well as 40 CFR 60.7 and 60.ll2b (a)(3)

and agrees to pay a civil penalty of six thousand dollars

($6,000). Support Services further agrees to cease and desist

from the alleged violations.

The Board finds the Settlement Agreement acceptable under 35

Ill. Mm. Code 103.180. It should be noted that the Settlement

Agreement does not refer to Section 9.l(d)(l) of the Act;

however, the Stipulation does release Respondent from further

liability and penalties under the complaint. This Settlement

114—77

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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 off fact and

conclusions of law in this matter.

ORDER

1.) The Board hereby accepts the Stipulation and

Settlement Agreement executed by the People of the

State of Illinois and Support Terminal Services,

concerning Support Services’s operations located in

Chillicothe, Peoria County, Illinois. The Stipulation

and Settlement Aareement are incorporated by reference

as though fully set forth herein.

2.) Support Services shall pay the sum off six thousand

dollars ($6,000) within 30 says off the date off 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 6279~--9276

Support Services shall also write its Federal Employer

Identification Number or Social Security Number on the

certified check or money order.

Section 41 off 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 off the Supreme

Court of Illinois establish filing requirements.

IT IS SO ORDERED.

Board Member J. Theodore Meyer dissented.

ii!

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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby cer~4fy that the abov,~Opinion and Order was

adopted on the ‘7~-’ day of

___________________,

1990, by a

vote of

~—/

.

1

Illino

lution ContrQl Board

I 14—79