ILLINOIS POLLUTION CONTROL BOARD

July 19,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

PCB 90-7

V.

)

 (Enforcement)

BLUE TEE CORPORATION

 (Azcon Scrap

)

Division),

 a Maine Corporation,

)

Respondent.

MICHAEL K.

 FRANKLIN AND JAMES 3.

 O’DONNELL APPEARED ON BEHALF OF

COMPLAINANT;

KENNETH

BALSTERS

APPEARED

BEHALF

RESPONDENT.

OPINION

AND

ORDER OF THE BOARD

 (by N. Nardulli):

This matter comes before the Board upon a complaint filed by

the Illinois Environmental Protection Agency

 (Agency)’ on January

16, 1990 against respondent Blue Tee Corporation

 (Blue Tee).

The

complaint

 alleges

 that

 Blue

Tee

has

 committed

a

 continuous

violation of Sections 9(a) and 9(c) of the Environmental Protection

Act

 (Act) and 35 Ill.

 Adm.

 Code 237.102(a)

 in conducting its scrap

metal reclamation facility in Alton, Madison County,

 Illinois.

Hearing

on

 this

 matter was held

 June

22,

1990

in

 Alton,

Illinois.

 At hearing the parties submitted an executed Stipulation

and

 Settlement

 Agreement.

 This

 agreement

 sets

 forth

 facts

pertaining to the nature, operations and circumstances surrounding

the alleged violations.

 Blue Tee admits to past violations

of

Sections 9(a) and 9(c)

 of the Act

 (Ill.

 Rev.

 Stat.

 1989,

ch.

ill

1/2,

 par.

 1009(a),

 (c))

and

35

 Ill.

 Adm.

 Code 237.102(a),

 which

pertain to

 open

 burning,

 and agrees

to

pay

a

 civil

 penalty

of

eleven thousand five hundred dollars

 ($11,500).

The Board finds the settlement agreement acceptable under 35

Ill. Adm. Code 103.180.

 This agreement, however, in no way affects

1

 The Board notes that while the settlement agreement states

that this matter was filed on behalf of the “People of the

State of Illinois”, the complaint states that it was filed

by the “Illinois Environmental Protection Agency”.

 On July

10, 1990 the Agency filed

 a corrected front page to the

settlement agreement, served on the respondent, correcting

the settlement agreement so that

 it conforms to the

complaint.

113—317

—2—

Blue

 Tee’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

 fact

and

conclusions of law in this matter.

ORDER

1.)

 The Board hereby accepts the Stipulation and Settlement

Agreement executed by the Agency and Blue Tee Corporation

concerning

 Blue

 Tee’s

 operations

 located

in

 Alton,

Illinois.

 The Stipulation and Settlement Agreement are

incorporated

by

 reference

as

 though

 fully

set

 forth

herein.

2.)

 Blue

Tee

 shall

pay

the

sum

of

 eleven

 thousand

 five

hundred dollars

 ($11,500) within 30 days of the date of

this

 order.

 Such payment

 shall

 be made by certified

check or money order payable to the Treasure 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,

 Ii 62794—9276

Blue

Tee

 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.

111

 1/2, par.

 1041)

 provides for appeal of final

Board orders within

35

 days.

 The Rules

 of the Supreme Court

of

Illinois establish filing requirements.

IT IS SO ORDERED.

3. Theodore Meyer dissents.

I,

 Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, her~~by

 certify that the~abo2veOpinion and Order was adopted

on the

/ /

 ‘c—

 day of

(~

i~A~

 1990, by a vote of

_j

Dorothy N.

 G,Ø~nn, Clerk

Illinois pdTlution Control Board

11~—318