ILLINOIS POLLUTION CONTROL BOARD
    November
    15,
    1989
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Petitioner,
    )
    PCB 88—36
    (Enforcement)
    v.
    MERVIS INDUSTRIES,
    INC.,
    Respondent.
    JAMES MORGAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
    PETITIONER.
    JOHNINE BROWN, RU~NICK & WOLFE, APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    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 Mervis Industries,
    Inc.
    (Mervis).
    The complaint alleges
    that Mervis has violated
    Sections 9(a),
    21(d)
    and
    24
    of
    the Environmental Protection Act
    (Act),
    Ill.
    Rev.
    State 1987,
    ch.
    111—1,/2, par 1001 et
    seq.
    Hearing on this matter was held on June
    26, 1989
    in
    Danville,
    Illinois.
    At
    the hearing,
    the parties submitted
    a
    Stipulation and Settlement Agreement, executed by the parties.
    The Stipulation addresses
    the facts and proposed terms of
    settlement
    in this matter.
    Also at hearing, many member
    of
    the
    public were present.
    Several members of
    the public
    testified.
    The Board
    finds
    the Settlement Agreement acceptable
    under
    35
    Ill. Adm.
    Code 103.180.
    The Board notes that
    there was public
    opposition
    to
    this Agreement and that
    if any member
    of
    the public
    believes that
    there
    is
    a violation of the Act or
    Board
    rule after
    the Board’s decision in this matter,
    he
    or she
    is
    free to file
    a
    citizen’s enforcement action.
    Further, the Board notes
    that
    it
    takes
    no position on the
    issue
    of
    whether Mervis’
    Lyons
    Yard
    facility
    is or
    is not
    a regional pollution control facility
    within the meaning of
    the Act.
    r~5~.1q1
    —2—
    This Opinion constitutes the Board’s
    findings of fact and
    conclusions of law in this matter.
    ORDER
    The Board hereby acceptes the Stipulation and Settlement
    Agreement executed by the Illinois Environmental Protection
    Agency
    (Agency) and Mervis Industries
    Inc.
    (Mervis) concerning
    Mervis’ Lyon Yard facility
    in unincorporated Danville Township,
    Vermillion County,
    Illinois and filed on September
    13,
    1989.
    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. 111—1/2 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.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi~ythat the ab9ye Opinion and Order was
    adopted on the
    /~5~’-
    day of
    ~
    1989,
    by a vote
    of
    7 ~
    .
    ;~.
    Dorothy M.
    G~n,
    Clerk
    Illinois PoU~itionControl Board
    iflS
    1’)2

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