ILLINOIS POLLUTION CONTROL BOARD
    July 19,
    1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 90-64
    (Enforcement)
    JEFFREY KILGUS, d/b/a INDIAN
    CREEK MATERIALS COMPANY
    )
    Respondent.
    APPEARANCE FOR THE COMPLAINANT BY
    PAMELA
    N. CIARROCCHI, ASSISTANT
    ATTORNEY GENERAL.
    APPEARANCE FOR
    THE RESPONDENT BY STEPHEN WEEKS,
    ESQ.
    OPINION AND ORDER OF THE BOARD
    (by B. Forcade):
    This matter com.es before the Board upon
    a five count
    complaint filed April
    19, 1990,
    on behalf of the Illinois
    Environmental Protection Agency
    (“Agency’1), by and through its
    attorney, Neil
    F.
    Hartigan, Attorney General of the State
    of
    Illinois, against Jeffrey Kilgus, d/b/a/ Indian Creek Materials
    Company (Kilgus)
    located in Fairbury,
    Livingston County,
    Illinois.
    The complaint alleges
    that Kilgus has violated
    Sections 12(a),
    (b),
    (d) and
    (f)
    of
    the Illinois Environmental
    Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch. lll~,pars.
    1001,
    et.
    seq., and
    35 Ill. Adm. Code 404.101,
    403.102, 403.104
    and 302.203.
    of the Board’s
    rules and regulations.
    Hearing on
    this matter was held June
    20,
    1990
    in Pontiac,
    Livingston 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.
    Kilgus admits
    to Counts
    I,
    II,
    III, and V which
    include past violations
    of Sections 12(a),
    (b),
    (d) and
    (f) of
    the Act and
    35
    Ill.
    Adm. Code
    403.102, 403.104 and 302.203.
    Kilgus neither admits
    nor denies the allegations of Count
    IV of
    the complaint which includes violations of Section 12(b),
    of the
    Act and 35
    Ill.
    Adm. Code 404.101 and agrees
    to pay a civil
    penalty of three thousand five hundred dollars ($3,500).
    Kilgus
    further agrees
    to cease and desist from the alleged violations.
    The transcript
    of the hearing includes
    a summary of
    the
    stipulation
    by the Complainant.
    The summary
    includes a listing
    of the violations admitted
    to as “Section l2A of the Act, Section
    l2C of the Act, Section l2F of
    the Act,
    Section l2B of the Act”
    (R.
    p.
    5)
    and certain Board regulations.
    Neither the complaint
    113—339
    —2—
    nor the stipulation reference
    a violation of
    “Section 12C” of
    the
    Act; although both include Section 12(d)
    of the Act.
    The
    Respondent was present at hearing and did not object
    to the
    summary of the stipulation as given.
    The Board finds that the
    written documents are controlling
    in this situation.
    The Board finds the Settlement Agreement acceptable under
    35
    Ill.
    Adm.
    Code 103.180.
    This Settlement Agreement
    in
    rio
    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 fact and
    conclusions of law
    in this matter.
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the Illinois Environmental
    Protection Agency) and Jeffrey Kilgus, d/b/a/ Indian
    Creek Materials Company concerning Kilgus’s operations
    located
    in
    Fairbury,
    Illinois,
    Livingston County.
    The
    Stipulation and Settlement Agreement are incorporated by
    reference as though fully
    set forth herein.
    2.)
    Kilgus shall pay the sum of three thousand five hundred
    dollars ($3,500) 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
    3.)
    Kilgus 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
    J.
    Theodore Meyer dissented.
    I
    I 3—340
    —3—
    I,
    Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~y~thatthe abov
    pipion arid Order was
    adopted on the
    /7~-1_~
    day of
    ___________________,
    1990,
    by a
    vote of
    -~
    ~/
    .
    Dorothy M.,~unn, Clerk
    Illinois P’ollution Control Board
    113--341

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