ILLINOIS POLLUTION CONTROL BOARD

April 27, 1989

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

v.

)

PCB 89—2

CAPITOL MACHINERY COMPANY,

Respondent.

JANE

M. O’MELIA, Esq.,

ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF COMPLAINANT;

ALFRED

B. L~BARRE,

Esq., HECKENKAMP,

SIMHAUSER AND DRAKE,

APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD (by J. Anderson):

This matter comes before the Board upon a complaint filed

January

5,

1989.

Hearing was held March 20, 1989,

at which time

a signed Stipulation and Proposal for Settlement (“Stipulation”)

was submitted by the parties

for acceptance by the Board.

The

Stipulation addresses

the facts and proposed terms

of settlement

in this matter.

The Board finds

the Stipulation acceptable under

35

Ill.

Acim.

Code 103.180.

This Opinion constitutes the Board’s findings of fact and

conclusions

of law

in this matter.

ORDER

1.

The Board accepts

the Stipulation and Proposal

for

Settlement, which

is hereby incorporated by reference as

if fully

set forth

herein.

2.

Respondent shall pay the sum of $1,000 within 90 days

of

this Order.,

Such payment

shall be made

by certified

check

or money order payable

to

the Illinois

Enviconn’~enta1Protec~i.oriTcust Fund and submitted

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

P.O.

Box 19276

Springfield,

Illinois 62794—9276

98—27 7

---

—2—

3.

This matter

is dismissed.

IT

IS SO ORDERED.

I,

Dorothy M Gunn,

Clerk

of the Illinois Pollution Control

Board,

hereby certif~that the above Opinion and Order was

adopted

on the

7’t~-

day of

—

1989,

by

a vote

of

___________.

Dorothy M. ,~unn,Clerk,

Illinois Pdllution Control Board

98—278