ILLINOIS POLLUTION CONTROL BOARD
    February 5, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ILLINI PROTEIN, an Illinois corporation,
    Respondent.
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    PCB 98-42
    (Enforcement - EPCRA)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    This matter comes before the Board on a motion to reconsider filed by complainant on
    January 20, 1998. Complainant states that on January 8, 1998, the Board accepted and
    approved the stipulation and proposal for settlement in this case. As ordered by the Board,
    respondent was required to pay the civil penalty to the Environmental Protection Trust Fund.
    However, the stipulation and proposal for settlement required respondent to pay, pursuant to
    Section 42(b)(5)(b.5) of the Environmental Protection Act (Act) (415 ILCS 5/42(b)(b.5)), a
    civil penalty of $8,700 to the Environmental Protection Permit and Inspection Fund.
    The Board grants complainant’s motion to reconsider, which is in essence a motion to
    correct what is a clerical error in the Board’s January 8, 1998 order. For the convenience of
    the parties, we set forth below the January 8, 1998 order in its entirety with the clerical error
    corrected to order respondent to pay a civil penalty of $8,700 to the Environmental Protection
    Permit and Inspection Fund.
    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 Environmental Protection
    Permit and Inspection Fund and shall be sent by first class mail to:
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    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 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.
    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 5th day of February 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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