ILLINOIS POLLUTION CONTROL BOARD
    January 9, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MEDALIST, INC., a Delaware
    corporation,
    Respondent.
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    PCB 96-235
    (Enforcement - Air and Land)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    This matter comes before the Board upon a five-count complaint filed May 17, 1996,
    by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois, against Medalist, Inc. (Medalist), a
    Delaware corporation, located at 2700 York Road, Elk Grove Village, DuPage County,
    Illinois. The complaint alleges Medalist violated Sections 9(a) and (b) of the Illinois
    Environmental Protection Act (Act) (415 ILCS 5/9(a) and (b) (1994)), and 35 Ill. Adm. Code
    201.143, 201.144, 808.121 and 808.122, by constructing and operating an emission source
    without the proper permits, failing to make a special waste determination and improper
    disposing of special waste.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on October 11, 1996. The Board published a notice of the
    waiver on October 24, 1996; no objection to the granting of the waiver was received. Waiver
    of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on October 11, 1996. The
    Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. Medalist neither admits nor denies the alleged violations and agrees to pay
    a civil penalty of eight thousand dollars ($8,000.00).
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondent’s responsibility 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.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement Agreement executed by
    the People of the State of Illinois and Medalist, Inc.( Medalist), a Delaware
    corporation, located at 2700 York Road, Elk Grove Village, DuPage County,
    Illinois. The Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2)
    Medalist, shall pay the sum of eight thousand dollars ($8,000.00) 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 and 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
    The certified check or money order shall clearly indicate on its face, Medalist’s
    Federal Employer Identification Number 36-1258310 and that payment is
    directed to the Environmental Protection Trust Fund.
    3)
    Medalist shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.
    (See also 35 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 _____ day of ________________, 1997, by a
    vote of ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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