ILLINOIS POLLUTION CONTROL BOARD
    January 23, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    EAST RIVERDALE GRAVEL
    COMPANY, an Illinois corporation,
    Respondent.
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    PCB 97-85
    (Enforcement - Mine and Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a four-count complaint filed November 8,
    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 East Riverdale Gravel
    Company (East Riverdale Gravel), an Illinois corporation. The complaint alleges that East
    Riverdale Gravel violated Section 12(b) of the Illinois Environmental Protection Act (Act)
    (415 ILCS 5/12(b)) and 35 Ill. Adm. Code 404.101(a)(1) and (2) by constructing and
    operating a mine related facility without the proper permits.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on November 8, 1996. The Board published a notice of the
    waiver on November 14, 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 November 8, 1996. The
    stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. East Riverdale Gravel neither admits nor denies the alleged violation and
    agrees to pay a civil penalty of $2,500.
    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.
    ORDER
    1)
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and East Riverdale Gravel Company (East
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    Riverdale Gravel), an Illinois corporation. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
    2)
    East Riverdale Gravel shall pay the sum of $2,500 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, East
    Riverdale Gravel’s federal employer identification number 36-2780188 and that
    payment is directed to the Environmental Protection Trust Fund.
    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), 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.
    3)
    East Riverdale Gravel shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    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 opinion and 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 order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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