ILLINOIS POLLUTION CONTROL BOARD
    February 20, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ATWOOD INDUSTRIES, INC., an Illinois
    corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-107
    (Enforcement - EPCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board on a motion to reconsider filed by
    complainant on February 6, 1997. Complainant states that on January 23, 1997, the
    Board accepted and approved the stipulation and proposal for settlement in this case.
    As ordered by the Board, respondent was required to pay the civil penalty to the
    Environmental Protection Trust Fund. However, the stipulation and proposal for
    settlement required respondent to pay, pursuant to Section 42(b)(5)(b.5) of the
    Environmental Protection Act (Act) (415 ILCS 5/42(b)(b.5)), a civil penalty of $8,600
    to the Environmental Protection Permit and Inspection Fund.
    The Board grants complainant’s motion to reconsider, which is in essence a
    motion to correct what is a clerical error in the Board’s January 23, 1997 order. For
    the convenience of the parties, we set forth below the January 23, 1997 order in its
    entirety with the clerical error corrected to order respondent to pay a civil penalty of
    $8,600 to the Environmental Protection Permit and Inspection Fund.
    ORDER
    1)
    The Board hereby accepts the stipulation and settlement agreement
    executed by the People of the State of Illinois and Atwood Industries,
    Inc. (Atwood), an Illinois corporation, located at 4750 Hiawatha Drive,
    Rockford, Winnebago County, Illinois. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
    2)
    Atwood shall pay the sum of $8,600 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 Permit and Inspection Fund and shall be sent
    by first class mail to:
    2
    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
    Atwood’s federal employer identification number 36-3036330 and that
    payment is directed to the Environmental Protection Permit and
    Inspection 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)
    Atwood 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.
    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

    Back to top