ILLINOIS POLLUTION CONTROL BOARD
    August 20, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    GRIFFIN WHEEL COMPANY, a
    Delaware corporation,
    Respondent.
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    PCB 99-5
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On July 6, 1998, the parties filed a stipulation and proposal for settlement. The Board
    accepts the stipulation and proposal for settlement filed by the parties in this matter. The
    complaint alleged that respondent violated 35 Ill. Adm. Code 809.301 by failing to complete
    and deliver a completed manifest to a hauler who held a current, valid special waste hauling
    permit issued by the Illinois Environmental Protection Agency.
    Pursuant to Section 31(a)(2) of the Environmental Protection Act (415 ILCS 5/31(a)(2)
    (1996)), the Board caused publication of the required newspaper notice of the stipulation and
    proposal for settlement and request for relief from the hearing requirement. The Board did not
    receive any requests for hearing. Accordingly, the Board grants a waiver from the hearing
    requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $7,500.
    Respondent must continue 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
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Griffin Wheel Company, a Delaware
    corporation, with headquarters at 200 West Monroe, Chicago, Cook County,
    Illinois. The stipulation and settlement agreement is incorporated by reference
    as though fully set forth herein.
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    2.
    The respondent, shall pay the sum of $7,500 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 Environmental
    Protection Trust Fund. The case number, case name, and respondent’s social
    security number or federal employer identification number shall also be included
    on the check (or money order) and should clearly indicate that payment is
    directed to the Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Rebecca A. Burlingham
    Assistant Attorney General
    Environmental Bureau
    Office of the Illinois Attorney General
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 60601
    4.
    Any 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), 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.
    5.
    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 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 20th day of August 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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