ILLINOIS POLLUTION CONTROL BOARD
July 19, 1990
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
v.
)
PCB 90—67
)
(Enforcement)
ALLWASTE TANK CLEANERS,
a Georgia corporation,
Respondent.
APPEARANCE FOR THE COMPLAINANT BY JOSEPH J.
ANNUNZIO,
DEPUTY
CHIEF ENVIRONMENTAL CONTROL DIVISON, OFFICE OF THE ATTORNEY
GENERAL.
APPEARANCE FOR
THE RESPONDENT BY CHRISTOPHER L. LEPPO, DIRECTOR
OF ENVIRONMENTAL AND SAFETY AFFAIRS, ALLWASTE TANK CLEANING.
OPINION AND ORDER OF THE BOARD
(by
B.
Forcade):
This matter comes before the Board upon a complaint filed
April
20, 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 Aliwaste Tank
Cleaners (Aliwaste),
located in Joliet, Will County,
Illinois.
The complaint alleges that Aliwaste has violated Section 9(b)
of
the Illinois Environmental Protection Act
(“Act”),
Ill. Rev.
Stat.
1989,
ch.
ll1~,
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 22,
1990,
in Joliet,
Will 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.
Allwaste 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 fifteen hundred dollars
($1,500).
Aliwaste
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 findings
of fact and
conclusions of law in this matter.
113—347
—2—
ORDER
1.)
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People
of the State of
Illinois and Aliwaste Tank Cleaners, concerning
Allwaste’s operations
located
in Joliet, Will County,
Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully
set forth
herein.
2.)
Aliwaste shall pay the sum of fifteen hundred
dollars
($1,500) 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.)
Allwaste 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. ll1~,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 abov~Opinion and Order was
adopted on the
/7~/
day of
/
,
1990, by a
vote of
-~/
.
/
~
~L,
~“
A
/J~~
~
Dorothy
M. ~unn,
Clerk
Illinois Pollution Control Board
11 3—348