ILLINOIS POLLUTION CONTROL BOARD
    August 22,
    1991
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    PCB 89—157(B)
    v.
    )
    (Enforcement)
    CLYBOURN METAL FINISHING CO.,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    J.
    D.
    Dunielle):
    On July 11,
    1991,
    the Board found that Respondent Clybourn
    Metal had violated Ill. Rev. Stat.
    1989,
    ch.
    111-1/2, par. 1009(b)
    and
    35
    Ill.
    Adni.
    Code 201.143
    in that the company operated
    and
    released emissions into the air without
    a permit between May 17,
    1987 and August
    25,
    1989.
    Moreover,
    we found that Clybourn had
    violated the Act knowingly and therefore came under the purview of
    Section 42(f).
    Accordingly, we established docket
    (B)
    in order to
    ascertain the costs and fees incurred by the Attorney General in
    prosecuting this case.
    On August
    9,
    1991,
    the Attorney General
    filed an affidavit of costs stating that the amount expended
    in
    this action totaled $2,741.80.
    Accordingly, we order Respondent
    to pay these costs.
    ORDER
    1.
    It is hereby ordered that within thirty days
    (30) of the date
    of this Order, Clybourn Metal Finishing Company,
    Inc.
    shall,
    by certified check or money
    order,
    payable
    to the state
    of
    Illinois and designated for deposit into the Hazardous Waste
    Fund,
    pay as compensation for hearing costs incurred by the
    Attorney General, the amount of $2,741.80 which shall be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    Clybourn
    Metal
    shall
    also
    write
    its
    Federal
    Employer
    Identification
    Number
    or
    Social
    Security
    Number
    of
    the
    certified check or money order.
    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,
    (Ill. Rev. Stat.,
    1989,
    ch.
    120,
    par.
    10—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
    125—307
    2
    an appeal during which payment of the penalty has been stayed.
    2.
    This docket is hereby closed.
    Section
    41
    of
    the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111—1/2,
    par.
    1041 provides
    for appeal of Final
    Orders of the Board within 35 days.
    The rules of the Supreme Court
    of Illinois establish filing requirements.
    IT IS SO ORDERED.
    J.
    Marlin
    and
    J.
    Anderson
    dissented.
    J.
    Theodore
    Meyer
    concurred.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board hereby certify that
    t4~
    above Order has been adopted on the
    day of
    _____________________,
    1991 by a vote of
    ~7.
    Dorothy M.
    nn, Clerk
    Illinois Pollution Control Board
    125—308

    Back to top