ILLINOIS POLLUTION CONTROL BOARD
March
8,
1990
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
v.
)
PCB 89—161
(Enforcement)
TECHNICAL PRODUCTS,
INC.,
Respondent.
OPINION AND ORDER OF THE BOARD
(by 2.
Forcade):
This matter comes before the Board upon
a complaint filed on
behalf of
the Illinois Environmental Protection Agency
(“Agency”), by and through
its attorney,
Neil
F.
Hartigan,
Attorney General
of the State of Illinois,
against Technical
Products,
Inc.
(“Technical”)
located at 6233 North Pulaski Road,
Chicago, Cook County,
Illinois.
Technical operates
a wholesale
chemical distribution facility, which utilizes approximately 60
chemical storage
tanks capable of emitting particulate matter.
The complaint alleges that Technical has violated the permitting
requirements
for potential air pollution sources
in Section 9(b)
of the Illinois Environmental Protection Act
(“Act”),
Ill. Rev.
Stat.
1987,
ch. lll~, par.
1009(b)
and
35
Ill. Adm.
Code 201.143
of the Board’s
rules and regulations.
Hearing on this matter was held on January 17,
1990
in
Chicago,
Illinois.
At the hearing, a Stipulation and Settlement
Agreement, executed by the parties was submitted.
The
Stipulation sets forth a full stipulation of all material
facts
pertaining
to the nature, operations,
and circumstances
surrounding the claimed violations.
Technical 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 $3,000.
Technical
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
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 air pollution control regulations.
This Opinion constitutes the Board’s findings of fact and
conclusions of law
in this matter.
109—283
—2—
ORDER
The Board hereby accepts
the Stipulation and Settlement
Agreement executed by the Illinois Environmental Protection
Agency and Technical Products,
Inc.
concerning Technical’s
wholesale chemical distribution facility located at 6233 North
Pulaski
Road, Chicago, Cook County,
Illinois.
The Stipulation
and Settlement Agreement are incorporated by reference
as though
fully set forth herein.
Section 41
of the Environmental Protection Act,
Ill. Rev.
Stat.
1987,
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
S~
day of
____________________,
1990,
by a
vote of
~—/
Illino
ution Control Board
I09—2RLi