ILLINOIS POLLUTION CONTROL BOARD
    March 5, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MATERIAL SERVICE CORPORATION,
    a Delaware corporation,
    Respondent.
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    PCB 98-94
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    This matter comes before the Board upon a six-count complaint filed on December 31,
    1997, by the Attorney General of the State of Illinois, on behalf of the People of the State of
    Illinois, against respondent Material Service Corporation, a Delaware corporation
    (respondent), headquartered at 222 North LaSalle Street, Chicago, Cook County, Illinois
    regarding its facility known as “Yard 16” located at Route 18, P.O. Box 50, Fairmount,
    Vermilion County, Illinois. The
    complaint alleges that
    respondent
    violated Sections 9(a), 9(b),
    and 9.1(d) of the Illinois Environmental Protection Act
    (Act) (415 ILCS 5/
    9(a), 9(b) 9.1(d)
    (1996)
    ) and 40 CFR 60.672(b) and 35 Ill. Adm. Code 201.141, 201.142, 201.143, and
    254.202 by causing or allowing air pollution, discharging fugitive particulate matter emissions,
    failing to maintain and operate its pollution control equipment, constructing and operating a
    new emission source without a permit, violating the conditions of its permit, and failing to
    submit an annual emissions report.
    1
    On January 29, 1998, the parties filed a stipulation, 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 request for waiver on January 30, 1998. The Board did not receive
    any objections to the granting of the waiver. Accordingly, the Board grants a waiver from the
    hearing requirement.
    The stipulation sets forth facts relating to the nature, operations, and circumstances
    surrounding the claimed violations. Respondent admits the alleged violations, and agrees to
    pay a total civil penalty of $8,500.
    1
    While the Board does not generally enforce the provisions of the Code of Federal
    Regulations, Section 9.1(d)(1) of the Act authorizes enforcement of Sections 111, 112, 165,
    and 173 of the Clean Air Act and the regulations adopted pursuant thereto.
    2
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondent’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 finding of fact and conclusions of law in this
    matter.
    ORDER
    1) The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Material Service Corporation, a Delaware
    corporation (respondent), headquartered at 222 North LaSalle Street, Chicago,
    Cook County, Illinois regarding its facility Known as “Yard 16” located at
    Route 18, P.O. Box 50, Fairmount, Vermilion County, Illinois. The stipulation
    and settlement agreement are incorporated by reference as though fully set forth
    herein.
    2)
    Respondent shall pay the sum of $8,500 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 Illinois 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 its face
    respondents’ federal employer identification number, 36-2117346, and that
    payment is directed to the Environmental Protection Trust Fund. A copy of the
    payment transmittal and the certified check or money order shall be
    simultaneously sent by first class mail to:
    Alyssa L. Fron
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11th Floor
    Chicago, IL 60601
    Any portion of such penalty not paid within the time prescribed shall incur
    interest at the rate set forth in subsection (a) of Section 1003 of the Illinois
    Income Tax Act (35 ILCS 5/1003(a) (1996)), as now or hereafter amended,
    from the date payment is due until the date payment is received. Interest shall
    3
    not accrue during the pendency of an appeal during which payment of the
    penalty has been stayed.
    3) Respondent 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 March 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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