O:\PCB\00-135082400.DOC
    08/28/00 9:16 AM
    ILLINOIS POLLUTION CONTROL BOARD
    August 24, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BERGE PLATING WORKS, INC., an Iowa corporation,
    Respondent.
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    PCB 00-135
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    On July 10, 2000, the parties filed a stipulation and proposal for settlement. The Board accepts the
    stipulation and proposal for settlement filed by the parties in this matter. The complaint alleged that respondent
    violated Section 9.1(d)
     
    of the Environmental Protection Act (Act) (415 ILCS 5/9.1(d)(1998)), and 40 C.F.R. §
    63.343(b)(1)(1998) by failing to conduct an initial performance test.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused publication of the
    required newspaper notice of the stipulation and proposal for settlement and request for relief from the hearing
    requirement. The notice appeared in the
     
    Rock Island Argus
    on July 14, 2000. The Board did not receive any requests
    for hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature, operations, and
    circumstances surrounding the allegations in the complaint. Respondent does not admit the alleged violations and
    agrees to pay a civil penalty of $2,500
    .
    Respondent must continue to comply with any federal, State, or local
    regulations including, but not limited to, the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by the People of the
    State of Illinois and Berge Plating Works, Inc., an Iowa corporation
     
    regarding its hard chromium
    electroplating facility located at 601 25th Avenue, Rock Island, Rock Island County, Illinois. The
    stipulation and settlement agreement is incorporated by reference as though fully set forth herein.
    2.
    Respondent shall pay the sum of $2,500 within 30 days of the date of this order. Such payment
    shall be made by certified check or money order payable to the Illinois Environmental Protection
    Agency, designated to the Environmental Protection Trust Fund. The case number, case name,
    and the respondent’s federal employer identification number 36-2703138 shall also be included on
    the certified check or money order and should clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3.
    The certified check or money order shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    2
    A copy of the payment transmittal and check shall be simultaneously submitted to:
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, IL 62706
    4.
    Any such penalty not paid within the time prescribed shall incur interest at the rate set forth in
    subsection (a) of Section 1003 of the Illinois Income Tax Act, (35 ILCS 5/1003
    (1998)
    ), as now or
    hereafter amended, from the date payment is due until the date payment is received. Interest shall
    not accrue during the pendency of an appeal during which payment of the penalty has been
    stayed.
    5.
    Respondent shall cease and desist future alleged violations of any federal, State, or local statutes
    and regulations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the appeal of final
    Board orders to the Illinois Appellate Court within 35 days of the date of service of this order. Illinois Supreme Court
    Rule 335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for
    Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion and
    order was adopted on the 24th day of August 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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