ILLINOIS POLLUTION CONTROL BOARD
January 8, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ILLINI PROTEIN, an Illinois corporation,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 98-42
(Enforcement - EPCRA)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
This matter comes before the Board upon a one-count complaint filed September 19,
1997, by the Attorney General of the State of Illinois, on behalf of the People of the State of
Illinois, against Illini Protein, an Illinois corporation, located at 10014 North Rock City Road,
Rock City, Stephenson County, Illinois. The complaint alleges that Illini Protein violated
Section 25-2(a) of the Environmental Protection Act (Act) (415 ILCS 5/25-2(a) (1996)) by
failing to timely submit a toxic chemical release form.
On November 18, 1997, the parties filed a stipulation and settlement agreement, and a
joint motion requesting relief from the requirement of Section 31(c)(2) 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 of hearing on November 21, 1997. No objection
to the granting of the waiver was received. Accordingly, the Board grants a waiver from the
hearing requirement.
The stipulation and settlement agreement sets forth facts relating to the nature,
operations, and circumstances surrounding the claimed violations. Illini Protein admits the
alleged violations and agrees to pay a civil penalty of $8,700.
The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
Code 103.180. This settlement agreement in no way affects Illini Protein’s responsibility to
comply with any federal, State, or local regulations including, but not limited to, the Act and
the Board’s regulations.
This opinion constitutes the Board’s findings of fact and conclusions of law in this
matter.
2
ORDER
1.
The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and Illini Protein, an Illinois corporation,
located at 10014 North Rock City Road, Rock City, Stephenson County,
Illinois. The stipulation and settlement agreement is incorporated by reference
as though fully set forth herein.
2.
Illini Protein 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 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 it Illini Protein’s
federal employer identification number 36-3199588 and that payment is directed
to the Environmental Protection Trust 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.
Illini Protein 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.
3
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 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
