ILLINOIS POLLUTION CONTROL BOARD
    October 16, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    METO-GRAFICS, INC., an Illinois
    corporation,
    Respondent.
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    PCB 97-110
    (Enforcement -
    RCRA
    )
    OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
    On December 20, 1996, the Illinois Attorney General, on behalf of the Illinois
    Environmental Protection Agency and the People of the State of Illinois, filed a two-count
    complaint against Meto-Grafics, Inc. (Meto-Grafics), an Illinois corporation located at 169
    Northwest Highway, Cary, McHenry County, Illinois.
    The complaint alleges that
    Meto-
    Grafics
    violated Section 21(f)(1) and (2) of the Illinois Environmental Protection Act
    (Act) (415
    ILCS 5/21(f)(1) and (2)
    (1996)
    ) and Board regulations at 35 Ill. Adm. Code 703.121(a)(1),
    725.132, 725.134, 725.135, 725.137, 725.271, 725.272, and 725.274 by operating a
    hazardous waste storage facility without a permit and conducting a hazardous waste storage
    operation in violation of Board regulations.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), an agreed motion
    was filed on July 7, 1997, requesting relief from the Act’s hearing requirement. The Board
    published a notice of the requested relief on
     
    July 9, 1997. The Board has received no objection to
    granting the relief from the Act’s hearing requirement. The relief
    is hereby granted.
    A “Stipulation and Proposal for Settlement” was filed on July 7, 1997, and a
    “Modification to the Stipulation and Proposal for Settlement” was filed on September 22,
    1997. These documents are collectively referred to herein as the “Settlement Agreement.”
    The Settlement Agreement sets forth facts relating to Meto-Grafics’ operations. Meto-Grafics
    agrees to pay a total civil penalty of $5,000. The Board finds the Settlement Agreement
    acceptable under 35 Ill. Adm. Code 103.180.
    1
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    The parties should note that paragraph 3 of the Board’s order provides an updated address for
    the Illinois Environmental Protection Agency to be used in lieu of the address set forth in
    Sections X.2.b. and X.4.c. of the Settlement Agreement.
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    The Settlement Agreement in no way affects Meto-Grafics’ 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.
    ORDER
    1. The Board hereby accepts the “Stipulation and Proposal for Settlement” and the
    “Modification to the Stipulation and Proposal for Settlement” (collectively
    “Settlement Agreement”) executed by the People of the State of Illinois and
    Meto-Grafics, Inc. (Meto-Grafics), an Illinois corporation located at 169
    Northwest Highway, Cary, McHenry County, Illinois. The Settlement
    Agreement is incorporated by reference as though fully set forth herein.
     
    2.
    Meto-Grafics must pay a total civil penalty of $5,000. Such payment must be
    made as follows: (a) $1,000 must be paid 30 days after the date of this order
    and (b) the remaining $4,000 must be paid in increments of $1,000 each, made
    payable quarterly thereafter, for four quarters, concluding no later than 13
    months after the date of this order.
    3. Such payment must 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 must be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    Springfield, Illinois 62702
    The certified check or money order must clearly indicate on its face the case
    name and number, along with Meto-Grafics’ Federal Employer Identification
    Number (36-2543162).
    4. Any such penalty not paid within the time prescribed will 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 will not accrue during such
    stay.
    5. Meto-Grafics must cease and desist from the alleged violations.
    3
    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 opinion and order was adopted on the 16th day of October 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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