ILLINOIS POLLUTION CONTROL BOARD
    October 7, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    STATE OIL COMPANY, an Illinois corporation,
    Respondent.
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    PCB 98-47
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On August 25, 1999, 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 amended complaint alleged that
    respondent violated Sections 9(a) and 9(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a), 9(b) (1998))
    and 35 Ill. Adm. Code 201.141, 201.142, 201.143, and 218.586(c) and (d) by dispensing motor fuel without a properly
    certified vapor collection and control system and failing to obtain construction and operating permits for air
    pollution control equipment.
    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 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 admits the alleged violations and agrees
    to pay a civil penalty of $23,246. 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 agr eement executed by the People of the
    State of Illinois and State Oil Company, an Illinois corporation, concerning 23 gasoline
    dispensing facilities located in the following counties; Lake, McHenry, Kendall, Cook, and
    DuPage. The stipulation and settlement agreement is incorporated by reference as though fully
    set forth herein.
    2.
    The respondent shall pay the sum of $23,246 within 30 days of the date of this order. Such
    payment shall be made by certified check or money order payable to the Treasurer of the State of
    Illinois, designated to the Environmental Protection Trust Fund. The case number, case name,
    and the respondent’s federal employer identification number 36-2801942 shall also be included
    on the check (or money order) and should clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted to:
    Rebecca A. Burlingham
    Senior Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 60601
    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 from the alleged violations.
    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 establish such filing requirements. See 172 Ill. 2d R. 335; see also Ill. Adm. Code 101.246, Motions
    for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion
    and order was adopted on the 7th day of October 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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