ILLINOIS POLLUTION CONTROL BOARD
August
10,
1989
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Petitioner,
V.
)
PCB 89—18
PLASTICS,
INC.,
a
)
foreign corporation,
)
Respondent.
CHRISTINE
S.
BUCKO, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF PETITIONER.
CHARLES F.
HELSTEN APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by J. Marlin):
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 Plastics,
Inc.
(Plastics).
The
complaint alleges
that Plastics has violated Section
9(b)
of
the
Environmental Protection Act
(Act),
Ill.
Rev.
Stat.
1987,
ch.
lll~,par.
1009(b), and 35
Ill. Adm.
Code 201.143.
Hearing on this matter was held on June
27,
1989
in
Rockford,
Illinois.
At hearing respondent’s counsel entered a
Stipulation and Proposal
for Settlement
(Stipulation),
executed
by the parties.
The Stipulation addresses the facts and proposed
terms of
settlement
in
this matter.
No members of the public
attended the hearing.
Plastics neither admits nor denies the
violations of Section
9 of the Act and
35
Ill. Adm. Code 201.143,
as alleged by the Agency
in the complaint
filed
in
this action.
The Board finds
the stipulation acceptable under
35
Ill.
Adm.
Code 103.180.
This Opinion constitutes
the Board’
s findings
of fact and
conclusions of law
in this matter.
ORDER
It
is the order of
the Illinois Pollution Control Board
that:
1)
The Board hereby accepts
the Stipulation and
Proposal for Settlement executed by Plastics,
Inc.
(Plastics)
and
the
Illinois
102—21
2
Environmental
Protection
Agency
(Agency)
concerning
Plastics’
manufacturing
business
located at 501 North Elida, Winnebago County,
Illinois and filed with the Board on July 10,
1989.
The Stipulation and
the Proposal
for
Settlement
is
incorporated
by
reference
as
though
set forth herein.
2)
Plastics,
by
certified
check
or
money
order
payable
to
the
Treasurer
of
the
State
of
Illinois and designated
for deposit
into the
Environmental
Protection
Trust
Fund,
shall
pay
the
sum
of
$1,000
(one
thousand
dollars).
The
sum
shall
be
paid within
30
days
from
the
date
of
this
Order
which
approves,
accepts
and
incorporates
this
Stipulation and Proposal for Settlement.
3)
The payment 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
The
name
of
the
respondent
and
case
number
shall
also
be
noted
on
the
check
or
money
order.
In order
to aid
in the processing of
payment,
Plastics
shall
include
its Federal
Tax
Identification
Number
on
its
check
or
money
order
or
letter
of
transmittal
accompanying the check or money order.
Section
41 of the Environmental Protection Act,
Ill.
Rev.
Stat.
1987 ch.
111 ~
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.
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
/c’~!
day of
_______________,
1989, by
a vote
of
-
/
.
Dorothy M. G nn, Clerk
Illinois Pollution Control Board
102—22