ILLINOIS POLLUTION CONTROL BOARD
December 17, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FISCHER CRANE COMPANY, a
Delaware corporation,
Respondent.
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PCB 98-89
(Enforcement - Air, RCRA, Land)
OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
On
November 4
, 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 Sections 21(a), 21(i), 21(p)(1), and 21(p)(3) of
the Environmental Protection Act (Act) (415 ILCS 5/21(a), 21(i), 21(p)(1), 21(p)(3) (1996))
and 35 Ill. Adm. Code 722.111, 808.122, and 809.301 by failing to prepare a manifest, open
dumping and open burning, and failing to perform hazardous waste determinations.
Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(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 of 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
admits the alleged violations and agrees to pay a civil penalty of $3,000. 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.
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ORDER
1.
The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and the respondent, Fischer Crane Company,
a Delaware corporation, located at 585 East South Frontage Road, Bolingbrook,
Will County, Illinois. The stipulation and settlement agreement is incorporated
by reference as though fully set forth herein.
2.
The respondent shall pay the sum of $3,000 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 federal
employer identification number (36-2946249) 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 check (or money order) shall be simultaneously sent by first
class mail to:
Bradley P. Halloran
Assistant Attorney General
Environmental Bureau
Attorney General’s Office
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.
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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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 17th day of December 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board