ILLINOIS POLLUTION CONTROL BOARD

June

21,

1990

PEOPLE OF THE STATE OF ILLINOIS

Complainant,

)

 PCB 89—200

(Enforcement)

EKCO GLACO CORPORATION,

a Delaware Corporation,

Respondent.

MS. RENEE CIPRIANO,

 ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF

THE

 PEOPLE.

MR.

 MARK

LATHAM OF GARDNER, CARTON

&

 DOUGLAS APPEARED FOR THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

 (by J. Marlin):

This matter comes before the Board upon

 a complaint filed on

December

7,

 1989 on behalf of the People of the State of

 Illinois

(“People”)

 by and through their attorney,

 Neil

 F. Hartigan,

Attorney General of the State of

 Illinois,

 against EKCO GLACO

Corporation,

 a Delaware Corporation,

 (“Ekco Glaco”)

 located

in

Chicago,

 Illinois.

 Count

 I of the complaint alleges

 that

 from on

and before February

16,

 1987,

 to August

30,

 1988, Ekco Glaco

operated without

 an Illinois Environmental Protection Agency

(“Agency”)

 permit which resulted

 in violations

 of Section 9(b)

of

 the Environmental Protection Act

 (“Act”)

 (Ill.

 Rev.

 Stat.

 1989,

ch. lll~, oar.

 1009(a)) and 35

 Ill.

 Adrn.

 Code 201.144.

 Count

II

of the complaint alleges

 that

 from on and before the operative

dates above

 Ekco Glaco operated without

 an Agency air pollution

permit which resulted in violations of Section

 9(a)

of

 the Act

and,

 in oarticular,

35

 Ill.

 Adm. Code 201.141 and 215.204

 (j)(l).

Hearing on

 this matter

was

held on May

3,

1990

 in Chicago.

At the hearinc,

 the parties submitted a StipulatLon and Proposal

for Settlement executed by the parties.

 Ekco Gaco

 admits

The

alleged violations.

 Ekco Glaco agrees

 to pay

 a civil penalty of

seven thousand and five hundred ($7,500.00)

 dollars.

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 regulations.

This Opinion constitutes

 the Board’s

findings

of

 fact and

conclusions

 off law

 in this matter.

112—347

—2—

ORDER

1.)

 Board hereby accepts the Stipulation and

Settlement

 Agreement

 executed

by

the

People of the State of

 Illinois and Ekco

Glaco

 concerning

 operations

 located

at

Cicero Avenue

 in Chicago, Illinois.

The

Stipulation and Proposal

for

 Settlement

are

 incorporated

 by reference

as

 though

fully set forth herein.

2.)

 Ekco

 Glaco

 shall

pay

the

sum

of

 seven

thousand

and

 five

 hundred

 ($7,500.00)

dollars

 within

30

 days

of

 this

 Order.

Such payment

 shall

 be made by certified

check

or

 money

 order

 payable

to

the

Treasurer

 of the State

of

 Illinois,

and

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,

 Illinois 62794—9276

Ekco Glaco 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

Orders of the Board within

 35 days.

 The Rules of the Supreme

Court of Illinois establish filing

 requirements.

IT

 IS SO ORDERED.

Board Member J.Theodore Meyer dissented.

I,

 Dorothy M.

Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify

 that the above, Opinion and Order was

adopted on the

?/~2~~?~

day of

_______________,

 1990,

 by a vote

of

(

Dorothy M.

 GAI’nn, Clerk

Illinois Pollution Control Board

112—348