ILLINOIS POLLUTION CONTROL BOARD

June 21, 1990

PEOPLE OF THE STATE

OF ILLINOIS

Complainant,

V.

)

PCB 90—56

(Enforcement)

PLOCHMAN, Inc.,

an Illinois corporation

)

Respondent.

APPEARANCE FOR THE COMPLAINANT BY RENEE CIPRIANO, ASSISTANT

ATTORNEY GENERAL

OPINION AND ORDER OF THE BOARD (by M. Nardulli):

This matter comes before the Board upon a complaint filed

April 13, 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 Plochman,

Inc., (Plochman), located in Chicago, Illinois. The complaint

alleges that Plochman 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 6, 1990 in Chicago,

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. Plochrnan

admits to past violations of Section 9(b) of the Ac: and 35 Ill.

Adm. Code 201.143 and agrees to pay a civil penalty of two

thousand dollars (S2,000). Plochman 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 regulations.

This Opinion constitutes the Board’s finctings of fact and

conclusions of law in this matter.

112—399

---

—2—

ORDER

1.)

The Board hereby accepts the Stipulation and

Settlement Agreement executed by the People of the

State of Illinois and Plochrnan, concerning Plochman

operations located in Chicago, Illinois. The

Stipulation and Settlement Agreement are

incorporated by reference as though fully set forth

herein.

2.)

Plochman shall pay the sum of two thousand dollars

(S2,000.00) 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:

fllinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

P.O. Box 19276

Springfield, IL 62794—9276

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

Board, hereby certify that the above Opinion and Order was

adopted on the

~/~T

day of

___________________

,

1990, by a

vote of

~,—/

7~.~

~7.

Dorothy M. G~n, Clerk

Illinois Pollution Control Board

112—400