ILLINOIS POLLUTION CONTROL BOARD
    June 19, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ASHLAND INC., a Kentucky corporation,
    Respondent.
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    PCB 97-93
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    This matter comes before the Board upon a two-count complaint filed November 25,
    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 Ashland Inc. (Ashland), a
    Kentucky corporation, regarding its gasoline dispensing facilities located at 22 West 275 North
    Avenue, Glen Ellyn, DuPage County, 8716 Ogden Avenue, Lyons, Cook County, 15301
    South Harlem, Oak Forest, Cook County, 855 East Touhy Avenue, Des Plaines, Cook
    County, 8000 West 95
    th
    Street, Hickory Hills, Cook County, 1021 North Rand Road,
    Arlington Heights, Cook County, and 1010 North Milwaukee, Deerfield, Lake County.
    The complaint alleges Ashland violated Sections 9(a) and 9(b), of the Illinois
    Environmental Protection Act (Act) (415 ILCS 5/9(a), 9(b), (1996)); 35 Ill. Adm. Code
    218.586(c) and (d), 201.142, and 201.143, by dispensing motor vehicle fuel without a
    properly certified vapor collection and control system and by constructing and operating air
    pollution control equipment without a permit.
    On May 16, 1997, the parties filed a stipulation, settlement agreement, 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 19, 21, and 22, 1997. No objection to the granting
    of the waiver was received. Accordingly, the Board grants a waiver from the hearing
    requirement.
    The stipulation sets forth facts relating to the nature, operations and circumstances
    surrounding the claimed violations. Ashland neither admits nor denies the alleged violations
    and agrees to pay a civil penalty of twenty-five thousand dollars ($25,000.00).
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    The Board notes that acceptance of this stipulation and settlement agreement moots all pending
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    motions before the Board. 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 against Ashland Inc. (Ashland), a
    Kentucky corporation, regarding its gasoline dispensing facilities located at 22
    West 275 North Avenue, Glen Ellyn, DuPage County, 8716 Ogden Avenue,
    Lyons, Cook County, 15301 South Harlem, Oak Forest, Cook County, 855
    East Touhy Avenue, Des Plaines, Cook County, 8000 West 95
    th
    Street, Hickory
    Hills, Cook County, 1021 North Rand Road, Arlington Heights, Cook County,
    and 1010 North Milwaukee, Deerfield, Lake County. The stipulation and
    settlement agreement are incorporated by reference as though fully set forth
    herein.
    2)
    Ashland shall pay the sum of twenty-five thousand dollars ($25,000.00) 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 Ashland’s Federal
    Employer Identification Number 61-0122250 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:
    Thomas S. Godziak
    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
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    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)
    Ashland 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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