ILLINOIS POLLUTION CONTROL BOARD
    September 4, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ALLIANT TECHSYSTEMS, INC.,
    Respondent.
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    PCB 97-80
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a one-count complaint filed October 31,
    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 Alliant Techsystems, Inc.
    (Alliant), a Delaware corporation located at 29745 Alliant Drive, Wilmington, Will County,
    Illinois. The complaint alleges that Alliant violated Section 12(f)(2) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(f)(2) (1996)) and 35 Ill. Adm. Code 703.121(a)(2) by
    accumulating a hazardous waste, for greater than 90 days in an unapproved storage area in
    violation of its RCRA Part B Permit.
    On July 25, 1997, the parties filed a stipulation and 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 of hearing on July 30, 1997. No objection to the granting of
    the waiver was received. Accordingly, the Board grants a waiver from the hearing
    requirement.
    The stipulation and settlement agreement sets forth facts relating to the nature,
    operations and circumstances surrounding the claimed violations. Alliant neither admits nor
    denies the alleged violations and agrees to pay a civil penalty of $10,000.
    The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
    Code 103.180. This settlement agreement in no way affects Alliant’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.
    2
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Alliant Techsystems, Inc. (Alliant), a
    Delaware corporation located at 29745 Alliant Drive, Wilmington, Will
    County, Illinois. The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2.
    Alliant shall pay the sum of $10,000 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
    1021 N. Grand Avenue East
    Springfield, IL 62702
    The certified check or money order shall clearly indicate on it Alliant’s federal
    employer identification number 41-1672694 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:
    Zemeheret Bereket-Ab
    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.
    Alliant shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    3
    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 service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
    R. 335; 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 opinion and order was adopted on the 4
    th
    day of September 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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