ILLINOIS POLLUTION CONTROL BOARD
-,.
1.
)
1
r~r\r,
~
.),
1~,U
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 90—87
(Enforcement)
JERNBERG INDUSTRIES, INC.
a Delaware Corporation
Respondent.
APPEARANCE FOR COMPLAINANT BY RENEE CIPRIANO, ASSISTANT ATTORNEY
GENERAL.
OPINION AND ORDER OF THE BOARD (by J. Marlin):
This matter comes before the Board upon a complaint filed
April 30, 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 Jernberg
Industries, Inc. (Jernberg) located in Chicago, Illinois. The
complaint alleges that Jernberg has violated Section 9(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 June 15, ~990 in Chicago,
Illinois. At hearing, the parties submitted a Stipulation and
Settlement Agreement, executed by the parties. The Stipulation
sets fortri facts pertaining to the nature, operations, and
circumstances surrounding the claimed violations. Jernberg
admits to past violations of Section 9(b) of the Act and 35 Ill.
Adm. Code 201.143 and agrees to pay a civil penalty of four
thousand five hundred dollars ($4,500). Jernberg 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 requlations.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
113~-S7
ORDER
1.) The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of
Illinois and Jernberg Industries, Inc. concerning
Jernberg’s operations located in Chicago, Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2.) Jernberg shall pay the sum of four thousandd five
hunured dollars ($4,500) within 20 days of the date oi
this Order. Such payment shall be made by certified
checK or money order payable to the Treasurer of the
State of :ilinois, desianated to the n:ironmenca.
Protection Trust Fund, and shall ne sent oy Firs: Class
mail
to:
:llinois Environmental ?rotection Acency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794—9276
Jernberg 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
~.
Theodore Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, nereny cer~ifv that the above Opinion and Order was
adopted on the ~
day of
/
,
990, by a
vote of
__________
.
/
//
Dorothy M. Guon, Clerk
Illinois Pollution Control Board
11.