ILLINOIS POLLUTION CONTROL BOARD
    January 8, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ALLSTEEL, INC., an Illinois corporation,
    Respondent.
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    PCB 97-10
    (Enforcement -
    RCRA
    )
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    On July 11, 1996, the Illinois Attorney General, on behalf of the People of the State of
    Illinois
    (complainant)
    , filed a
    14-count complaint against Allsteel, Inc. (Allsteel), an Illinois
    corporation and steel furniture manufacturer located at Allsteel Drive, Aurora, Kane County,
    Illinois.
    The complaint alleged that Allsteel violated Sections 21(f)(1) and 21(f)(2) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(f)(1), (f)(2) (1996)) and
    35 Ill. Adm. Code
    703.121, 722.111, 725.113, 725.116, 725.132, 725.134, 725.137, 725.151(b), 725.152(e),
    725.153, 725.156(e) 725.173(a), 725.175, and 728.101(b),
    by operating a hazardous waste
    storage facility without a permit; failing to develop and follow a waste analysis plan; failing to
    implement and maintain a contingency plan; failing to submit the contingency plan to local
    authorities; failing to maintain an operating log; failing to submit an annual report; failing to train
    personnel; failure to install and provide access to internal communications or alarm system; failing
    to adequately make a hazardous waste determination; failing to make arrangements with local
    authorities; and failing to maintain notices of land disposal.
    On June 25, 1997, the parties filed a stipulation, settlement agreement, and a joint
    motion requesting relief from the requirement of Section 31(c)(2) of the Act 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 on June 27, 1997,
    in the Aurora Beacon-News
    . On
    July 18, 1997, the Board received an objection to the granting of the waiver from the Village
    of Montgomery. The waiver was denied by a Board Order dated July 24, 1997, and a hearing
    was held on November 19, 1997.
    The stipulation and settlement agreement sets forth facts relating to the nature of and
    operations and circumstances surrounding the claimed violations.
    Allsteel
    denies the alleged
    violations but agrees to pay a total civil penalty of $27,500. The Board finds the settlement
    agreement acceptable under 35 Ill. Adm. Code 103.180.
    2
    The settlement agreement in no way affects
    Allsteel
    ’s 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
    (Settlement Agreement) executed by the People of the State of Illinois and
    Allsteel, Inc. (Allsteel), an Illinois corporation, located at Allsteel Drive, Aurora,
    Kane County, Illinois
    . The Settlement Agreement is incorporated by reference
    as though fully set forth herein.
     
    2.
    Allsteel
    shall pay a total sum of $27,500 within 30 days of the date of this
    order, or on or before February 7, 1998. 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 the
    Allsteel
    ’s
    federal employer identification number 36-0717079 and that payment is directed
    to the Environmental Protection Trust Fund.
    Any such penalty not paid within the time prescribed shall 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 shall not accrue during such
    stay.
    3.
    Allsteel
    shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    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 8th day of January 1998, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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