ILLINOIS POLLUTION CONTROL BOARD
    May 21, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    HORSEHEAD RESOURCE
    DEVELOPMENT COMPANY, INC., a
    Delaware corporation,
    Respondent.
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    PCB 98-127
    (Enforcement -
    RCRA
    )
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On April 2, 1998, the Illinois Attorney General, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois, filed a one-count complaint against
    Horsehead Resource Development Company, Inc. (Horsehead), a Delaware corporation,
    located at 2701 East 114th Street, Chicago, Cook County, Illinois. The complaint alleges that
    Horsehead violated Section 21(d)(2) of the Illinois Environmental Protection Act (Act) (415
    ILCS 5/21(d)(2)) and 35 Ill. Adm. Code 809.302(a) by accepting hazardous waste for disposal
    from a special waste hauler who did not have a valid permit or present a special waste manifest
    designating the Horsehead facility as the destination for the special waste.
    On April 2, 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 waiver of hearing on April 8, 1998. 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. Horsehead denies the
    alleged violation, but agrees to pay a civil penalty of $7,500.
    The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
    Code 103.180. This settlement agreement in no way affects Horsehead’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.
    ORDER
    2
    1.
    The Board hereby accepts the Stipulation and Proposal for Settlement
    (settlement agreement) executed by the People of the State of Illinois and
    Horsehead Resource Development Company, Inc., a Delaware corporation,
    located at 2701 East 114th Street, Chicago, Cook County, Illinois. The
    settlement agreement is incorporated by reference as though fully set forth
    herein.
     
    2.
    Horsehead shall pay a total sum of $7,500 within 30 days of the date of this
    order, on or before June 20, 1998. 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
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    The certified check or money order shall clearly indicate on its face the case
    name and number, along with Horsehead’s federal employer identification
    number 13-3353902.
    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.
    Horsehead shall cease and desist from the alleged violations.
    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 172 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 order was adopted on the 21st day of May 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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