ILLINOIS POLLUTION CONTROL BOARD
September 18, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PETTIBONE CORPORATION, an Illinois
corporation,
Respondent.
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PCB 97-127
(Enforcement - EPCRA)
ORDER OF THE BOARD (by J. Theodore Meyer):
This matter is before the Board on a September 15, 1997 motion for
reconsideration filed by complainant. In its motion complainant indicates that the
parties’ stipulation and settlement provided that the civil penalty would be paid to the
Environmental Protection Permit and Inspection Fund rather than the Environmental
Protection Trust Fund as provided in the Board’s September 4, 1997 order.
Complainant requests that the Board reconsider and issue another order directing that
the $8,700 civil penalty be paid to the Environmental Protection Permit and Inspection
Fund.
The Board grants complainant’s motion. The order set forth below replaces the
Board’s September 4, 1997 order in its entirety.
ORDER
1.
The Board hereby accepts the stipulation and settlement agreement
executed by the People of the State of Illinois and Pettibone Corporation
(Pettibone), an Illinois corporation located at 350 East Kehoe Boulevard,
Carol Stream, DuPage County, Illinois. The stipulation and settlement
agreement is incorporated by reference as though fully set forth herein.
2.
Pettibone shall pay the sum of $8,700 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 Permit and Inspection Fund and shall be sent
2
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
Pettibone’s federal employer identification number 36-4143051 and that
payment is directed to the Environmental Protection Permit and
Inspection Fund.
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.
Pettibone 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 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 order was adopted on the 18
th
day of September 1997, by a vote
of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
