ILLINOIS POLLUTION CONTROL BOARD
    May 15, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PAMARCO, INC., a Maryland
    corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 96-245
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
    On May 29, 1996, the Illinois Attorney General, on behalf of the Illinois
    Environmental Protection Agency and the People of the State of Illinois, filed a five-count
    complaint against Pamarco, Inc. (Pamarco), a Maryland corporation located at First and
    Waters Streets, Batavia, Kane County, Illinois.
    The complaint alleges that
    Pamarco
    violated
    Section 21(f)(1) and (2) of the Illinois Environmental Protection Act
    (Act) (415 ILCS 5/21(f)(1)
    and (2)
    (1994)
    ) and Board regulations at 35 Ill. Adm. Code 703.121, 722.140, 725.116,
    725.151, 725.152, and 728.107 by operating a hazardous waste storage facility without a
    permit, by failing to train personnel, by failing to maintain an adequate contingency plan, by
    failing to maintain adequate records, and by improper land disposal restriction analysis and
    recordkeeping.
    Pursuant to 415 ILCS 5/31(c)(2) (P.A. 89-596, eff. August 1, 1996), the Illinois
    Attorney General filed a motion requesting relief from the Act’s hearing requirement on April
    14, 1997. The Board published a notice of the requested waiver on
     
    April 17, 1997. No
    objection to granting the waiver was received. Waiver of hearing is hereby granted.
    A Stipulation and Proposal for Settlement (Settlement Agreement) was filed on April
    14, 1997. The Settlement Agreement sets forth facts relating to the nature of and operations
    and circumstances surrounding the claimed violations. Pamarco neither admits nor denies the
    alleged violations and agrees to pay a total civil penalty of twelve thousand, five hundred
    dollars ($12,500.00). The Board finds the Settlement Agreement acceptable under 35 Ill.
    Adm. Code 103.180.
    The Settlement Agreement in no way affects Pamarco’s responsibility to comply with
    any federal, state or local regulations, including but not limited to the Act and the Board’s
    pollution control 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 Proposal for Settlement (Settlement
    Agreement) executed by the People of the State of Illinois and Pamarco, Inc.
    (Pamarco), a Maryland corporation located at First and Waters Streets, Batavia,
    Kane County, Illinois. The Settlement Agreement is incorporated by reference as
    though fully set forth herein.
     
    2)
    Pamarco shall pay the sum of twelve thousand, five hundred dollars ($12,500.00)
    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 Illinois 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 the case name and
    number, along with Pamarco’s Federal Employer Identification Number (22-1430432).
    Any such penalty not paid within the time prescribed shall accrue interest at the rate set
    forth in subsection (a) of Section 1003 of the Illinois Income Tax Act (35 ILCS
    5/1003(a) (1994)), as now or hereafter amended, from the date payment is due until the
    date payment is received. If the time for payment is stayed during the pendency of an
    appeal, interest shall not accrue during such stay.
    3) Pamarco 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 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.")
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 15th day of May, 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top