ILLINOIS POLLUTION CONTROL BOARD
September
28, 1989
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Petitioner,
)
v.
)
PCB 89-103
(Enforcement)
SIMKINS INDUSTRIES,
INC.,
Respondent.
WILLIAM SEITH, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
PETITIONER.
TOM GILLER APPEARED ON BEHALF OF 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 Simkins
Industries,
Inc.
(Simkins).
The complaint alleges that Simkins has violated
Section
9(a)
of
the Environmental Protection Act
(Act), Ill. Rev.
Stat.
1987,
ch. lll~,par.
1009(a), and the Pollution Control
Board Order entered in PCB 67—181.
Hearing on
this matter was held on August
9,
1989
in
Chicago.
At the hearing, petitioner’s
counsel summarized 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.
Respondent denies
the violations
of the
June 16, 1988 Order entered
in Simkiris Industries,
Inc.
v.
Illinois Environmental Protection Agency, PCB 87—181,
and any
liability arising therefrom under Section
42(a)
of the Act
(Ill.
Rev. Stat.
1987,
ch. lll~,par.
1042(a)),
as alleged by the
Agency
in its complaint.
The Board
finds
the Stipulation acceptable under
35
Ill.
Adm. Code
103.180.
This Opinion constitutes the Board’s finding of
fact and
conclusions of law in this matter.
ORDER
The Board hereby accepts
the Stipulation and Proposal for
Settlement executed by Simkins Industries,
Inc.
(Simkins) and the
Illinois Environmental Protection Agency (Agency) concerning
103-547
2
Sirnkins’
rotogravure printing operation located at 5701 West
Ogden,
Cicero, Cook County,
Illinois and filed on June
16,
1989.
The Stipulation and the Proposal for Settlement
is
incorporated by reference as though set forth herein.
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.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif
that the abov~Opinion and Order was
adopted on the ~
day of
,~Z-’
~_~-_t~,
1989,
by a vote
of
—.
/
Dorothy M./Aunrl, Clerk
Illinois P6llution Control Board
103—548