ILLINOIS POLLUTION CONTROL BOARD

May

24,

1990

PEOPLE OF

THE STATE OF

ILLINOIS

Complainant,

v.

)

PCB 90—17

(Enforcement)

UNITED STATES

DEPARTMENT OF THE NAVY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by J. Marlin):

This matter comes before the Board upon

a complaint filed on

January

25,

1990,

by the People of

the State

of Illinois

(hereinafter “Peo~le”) by their attorney,

Neil

F.

Hartigan,

Attorney General of the State of

Illinois, against

the United

States Department of

the Navy (hereinafter

“U.S.

Navy”).

The

complaint alleges

that

the U.S.

Navy’s operation of

its naval

training center

in Great Lakes,

Lake County,

Illinois

resulted

in

violations of Section 9(b)

of the Illinois Environmental

Protection Act

(“Act”),

Ill.

Rev.

Stat.

1987,

ch.

111

1/2, pars.

1009(b)

and 35

Ill.

Adm. Code 201.143 and 201.144 of the Board’s

rules and regulations.

Hearing on this matter was held on May 15,

1990

in Waukegan,

Illinois.

At

the hearing,

the parties submitted

a Stipulation

and Proposal

for

Settlement executed by

the parties.

The

Stipulation sets forth a full stipulation of all material facts

pertaining

to the nature,

ooerarions, and circumstances

surrounding

the claimed violations.

The U.S.

Navy neither admits

nor denies violating Section 9(b)

of the Act,

35

111.

Adm.

Code

201.143, or

35

Iii.

Adm. Code 201.144.

The U.S.

Navy agrees

to

abide by all applicable provisions of

the Act and Board Rules and

Regulations and by all terms and conditions of

the permit issued

by the Illinois Environmental Protection Agency.

The U.S. Navy

further agrees

to

pay a civil penalty of one thousand two hundred

fifty dollars

($1,250.00).

The Board

finds

the settiement agreement acce~tabie under

35

Ill.

Adm.

Code

103.180.

This se~tlenentagreement

in

no

~av

affects respondent’s

responsibility

to comply

with

any federal,

state or local

regulations,

including but not~limited

to the Act

and the Board’s air pollution control

regulations.

This

Opinion constitutes

the Board’s findings

of

fact

and

conclusions

of

aw

in

this matter.

11 l—3~)3

---

—2—

ORDER

The Board hereby accepts

the Stipulation and Settlement

Agreement executed by

the People of

the State of

Illinois and the

United States Department

of the Navy concerning liquid storage

tanks and a perchioroethylene dry cleaning facility.

The

Stipulation and Proposal

for Settlement are incorporated

by

reference

as

though fully

set forth herein.

The U.S.

Navy shall

pay the sum of one thousand two hundred fifty dollars

($1,250.00)

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

Sprin~fieid, Illinois

62794—9276

Section

41 of the Environmental Protection Act,

Ill. Rev.

Stat.

1987,

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 :llinois 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

:he above Opinion and Order was

adopted on the

~

day

of

~

,

1990,

by

a vote of

‘~.

/

.

.7

/

~.

.

Dorothy

M.

~unn, Clerk

tllinois P~1lutionControl

Board