ILLINOIS POLLUTION CONTROL BOARD
    June 19, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    AMSTED INDUSTRIES, INC., a Delaware
    corporation d/b/a GRIFFIN WHEEL
    COMPANY; L.E. SWIDERSKI d/b/a
    GRIFFIN WHEEL COMPANY,
    HORSEHEAD RESOURCE
    DEVELOPMENT COMPANY, INC., a
    Delaware corporation, and HELLMAN
    TRUCKING COMPANY, INC., an Iowa
    corporation,
    Respondent.
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    PCB 97-38
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by J. Yi):
    This matter comes before the Board upon a three-count complaint filed August 22,
    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 (People), against
    Amsted Industries,
    Inc., a Delaware corporation d/b/a Griffin Wheel Company, L.E. Swiderski d/b/a Griffin Wheel
    Company; Horsehead Resource Development Company, Inc., a Delaware corporation, and
    Hellman Trucking Company, Inc., an Iowa corporation (respondents)
    .
    The complaint alleges
    respondents
    violated Sections 21(g)(1) and (2) and 21(d)(2) of
    the Illinois Environmental Protection Act (Act) (
    415 ILCS 5/21(g) (1) and (2) and 21(d)(2)
    (1996)); 35 Ill. Adm. Code 809.201, 809.301, and 809.302(a), by delivering special waste to
    an unpermitted waste hauler, by transporting special waste without a permit, and by the
    acceptance of special waste from an unpermitted waste hauler.
    On April 24, 1997, the parties filed a stipulation and settlement agreement as to
    Hellman Trucking Company, Inc. (Hellman), an Iowa corporation only
    1
    , and a joint motion
    requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
    settlement agreements be presented at hearing. (415 ILCS 5/31(c)(2)(1996)). The Board
    published a notice of the waiver on May 20, 1997. No objection to the granting of the waiver
    1
    This order does not effect the pending allegations against the remaining respondents.
    2
    was received. Accordingly, the Board grants a waiver from the hearing requirement
    agreement as to
    Hellman only
    .
    The stipulation sets forth facts relating to the nature, operations and circumstances
    surrounding the claimed violations. Hellman neither admits nor denies the alleged violations
    and agrees to pay a civil penalty of five thousand dollars ($5,000.00).
    The Board finds the settlement agreement between the People and Hellman acceptable
    under 35 Ill. Adm. Code 103.180. The Board notes that acceptance of this stipulation and
    settlement agreement moots all pending motions before the Board concerning the People and
    Hellman. This settlement agreement in no way affects Hellman’s responsibility to comply
    with any federal, State, or local regulations, including but not limited to the Act and the
    Board’s regulations. The caption in this matter in future orders shall reflect that the Board has
    accepted the settlement agreement between the People and Hellman and has dismissed Hellman
    as a respondent in this matter. This matter will proceed against the remaining respondents.
    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 against
    Hellman Trucking Company, Inc.
    (Hellman), an Iowa corporation only
    . The stipulation and settlement agreement
    are incorporated by reference as though fully set forth herein.
    2)
    Hellman shall pay the sum of five thousand dollars ($5,000.00) 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
    Hellman
    ’s Federal
    Employer Identification Number 42-084-0625 and that payment is directed to the
    Environmental Protection Trust Fund. A copy of the payment transmittal and the
    certified check or money order shall be simultaneously sent by First Class mail to:
    Rebecca A. Burlington
    3
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11
    th
    Floor
    Chicago, IL 60601
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in Section 1003(a) of the Illinois Income Tax Act, (35 ILCS
    5/1003 (1996)), 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)
    Hellman
    shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) 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 19th day of June 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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