ILLINOIS POLLUTION CONTROL BOARD
    June 20,
    199.
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 90—18
    (Enforcement)
    ROBERT A. PROPHETER d/b/a
    )
    BOB PROPHETER CONSTRUCTION
    )
    COMPANY,
    )
    Respondent.
    JAMES
    ARCHIER,
    SENIOR ASSISTANT
    ATTORNEY
    GENERAL,
    APPEARED
    ON
    BEHALF OF COMPLAINANT THE PEOPLE OF THE STATE OF ILLINOIS.
    LOUIS F.
    PIGNATELLI, APPEARED ON BEHALF OF RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by M.
    Nardulli):
    This matter comes before the Board upon a complaint filed on
    January
    25,
    1990,
    by Roland W. Burns,
    Attorney General
    of the
    State
    of
    Illinois,
    on
    behalf
    of
    the
    People
    of
    the
    State
    of
    Illinois,
    against
    respondent,
    Robert
    A.
    Propheter
    d/b/a
    Bob
    Propheter Construction Company (Propheter).
    The complaint alleges
    that Propheter operated its asphalt batch plant located in Utica,
    LaSalle
    County,
    Illinois,
    in violation of
    Section
    9(b)
    of
    the
    Illinois Environmental Protection Act
    (Act)
    (Ill. Rev. Stat. 1989,
    ch. 111 1/2, par. 1009 (b)) and Sections 201.143 and 201.161 of the
    Board’s air regulations.
    (35 Ill.
    Adm.
    Code 201.143 and 201.161.)
    Hearing was held on this matter on July 30,
    1990 in Chicago,
    Illinois.
    At the hearing,
    the Attorney General read
    into
    the
    record the terms of a stipulated agreement.
    This “Stipulation of
    Facts
    and Proposed
    Settlement”
    was
    subsequently signed
    by the
    parties and sets forth the full statement of all material facts
    pertaining to the nature, operations and circumstances surrounding
    the claimed violations.
    Propheter admits to past violations of the
    Act and Board regulations and agrees to pay a penalty of three
    thousand
    five
    hundred
    dollars
    ($3,500)
    into
    the
    Environmental
    Protection Trust Fund.
    The Board finds the settlement agreement acceptable under 35
    Ill.
    Adm.
    Code
    103.180.
    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 Boards’s air pollution regulations.
    2
    This
    opinion constitutes
    the Board’s
    findings
    of
    fact and
    conclusions of law in this matter.
    ORDER
    1.)
    The Board hereby accepts the Stipulation of Facts and
    Proposed
    Settlement
    executed
    by
    the
    complainant
    and
    Robert
    A.
    Propheter d/b/a
    Bob
    Propheter Construction
    Company concerning violations of Section 9(b) of the Act
    and
    35
    Ill.
    Adm.
    Code
    201.143
    and
    201.161.
    The
    Stipulation
    of
    Facts
    and
    Proposed
    Settlement
    are
    incorporated
    by reference
    as
    though
    fully
    set
    forth
    herein.
    2.)
    Propheter
    shall
    pay
    the sum
    of
    three
    thousand
    five
    hundred dollars
    ($3,500) 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
    Propheter
    shall
    also
    write
    its
    Federal
    Employer
    Identification Number or Social Security Number on 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 an appeal during which payment of
    the penalty has been stayed.
    Section 41 of the Environmental Protection Act (Ill. Rev. Sat.
    1987,
    ch.
    ill 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.
    3
    IT IS SO ORDERED.
    Jacob D.
    Dumelle concurs.
    J. Theodore Meyer dissents.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that th~
    Opinion and Order was adopted
    on the
    .?c~
    day of
    ,
    by a vote
    of
    ~—/
    on Control Board

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