ILLINOIS POLLUTION CONTROL BOARD
August 10, 1989
PEOPLE OF THE STATE OF
)
ILLINOIS,
Complainant,
V.
)
PCB 89—67
B & S~1 CORPORATION,
Respondent.
RENEE CIPRIANO, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
THE PETITIONER.
JON C. JACOBSON REPRESENTED B & W CORPORATION.
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 B & W Corporation (B & W). The
complaint alleges that B & ~1has violated Ill. Rev. Stat. 1987,
ch. lll~, par. 1009(b), and 35 Ill. Adm. Code 201.143.
A hearing in this matter was held on July 10, 1989.
Respondent did not appear. The Assistant Attorney General
introduced into evidence a Stipulation and Proposal For
Settlement (Stipulation) executed by the parties. The
Stipulation addresses the facts and proposed terms of settlement
in this matter. The Board notes that among other terms of the
Stipulation, B & W admits the violations as alleged in the
complaint.
The Board finds the Stipulation acceptable under 35 Ill.
Adm. Code 103.180.
This opinion constitutes the Boards finding 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
B & W Corporation (B & W) and the
Illinois Environmental Protection Agency
(Agency) concerning B & W’s facility at
102—47
2
110 Gateway Road, Bensenville, DuPage
County, Illinois, and filed with the
Board on July 17, 1989. The Stipulation
and Proposal for Settlement is
incorporated by reference as though set
forth herein.
2) B & W, 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 $2,500 (two
thousand five hundred dollars). The sum
shall be paid within 30 days of the date
of this Order which approves 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
B & W shall also write its Federal
Employer Identification Number or Social
Security Number upon the certified check
or money order.
Section 41 of the Environmental Protection Act, Ill. Rev.
Stat. 1987 ch. 111 4 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 /~‘i day of
______________
,
1989, by a vote
of
-
/
.
.
Dorothy M. nfl, Clerk
Illinois Pollution Control Board
102—48