ILLINOIS POLLUTION CONTROL BOARD
    November
    29,
    1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    )
    PCB 90—160
    (Enforcement)
    JOHN BOOS
    & COMPANY,
    )
    Respondent.
    MICHAEL
    K. FRANKLIN APPEARED FOR COMPLAINANT.
    ANTHONY SIEMER APPEARED FOR RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by
    J.
    C.
    Marlin):
    This matter comes before the Board upon a two count
    complaint filed August
    9,
    1990, on behalf
    of the People of the
    State of Illinois
    (“People”), by and through its attorney, Neil
    F. Hartigan, Attorney General of the State of Illinois, against
    John Boos
    & Company
    (“John Boos”),
    located
    in Effingham,
    Effingham County,
    Illinois.
    The complaint alleges that John Boos
    has violated Sections 9(a)
    and
    (b) of the Illinois Environmental
    Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch. lll~,pars.
    1001, et seq.,
    and 35
    Ill. Adm. Code 201.141,
    201.143, and
    212.204
    of the Board’s rules and regulations.
    Hearing on this matter was held October
    17,
    1990,
    in
    Effingham, Effingham County,
    Illinois.
    At that hearing several
    members of
    the public,
    who live
    in the area of the plant, were
    present
    to express their concerns regarding this settlement.
    Specifically,
    they expressed their concern with the amount of
    blowing sawdust
    in the air.
    They stated that this results
    in
    health difficulties and leaves a residue of sawdust on cars and
    furniture.
    (See Tr.
    14 through 42).
    The parties submitted a Stipulation and Settlement
    Agreement, executed by the parties, within 15 days of the
    hearing.
    John Boos does not admit
    the alleged violations.
    John
    Boos agrees to pay
    a civil penalty of ten thousand dollars
    ($10,000).
    The complaint, which
    this settlement
    is based upon,
    alleges
    violations of the Act and the Board’s rules with regards
    to
    emissions
    ifrom the boiler
    at the facility.
    The members of the
    public agreed that the emission of sawdust particulates was not
    necessarily from the boiler,
    but from other potential emissions
    116—293
    —2—
    sources.
    (Tr.
    25 and 27).
    Therefore,
    the present complaint and
    settlement before
    the Board does not appear to be the proper
    arena
    to address the public’s concern.
    That concern is better
    addressed in a subsequent complaint.
    The Board notes
    that the
    Office of the Attorney General indicated,
    in
    a letter
    it filed
    with the executed agreement
    in this case,
    that the Illinois
    Environmental Protection Agency
    (“Agency”)
    was investigating the
    concerns expressed by the public at hearing.
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation.
    See, Chemetco,
    Inc.
    v.
    Illinois Pollution Control
    Board,
    140 Ill. App.3d
    ,283,
    488 N.E.2d
    639,
    643
    (5th Dist.
    1986);
    and Archer Daniels Midland
    v. Pollution Control Board,
    140
    Ill.App.3d 823,
    489 N.E.2d 887
    (3rd Dist.
    1986).
    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.
    Finally,
    in accepting this Stipulation,
    the Board makes
    no
    finding concerning the sawdust complaints made at hearing.
    The
    Board encourages the Agency
    to promptly investigate
    these
    complaints.
    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 John Boos
    & Company,
    concerning John Boos’s
    operations located in Effingham,
    Effingham County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though
    fully set forth
    herein.
    2.)
    John Boos shall pay the sum of ten thousand dollars
    ($10,000) 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,
    and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    116—294
    —3—
    John Boos shall also write
    its Federal Employer
    Identification Number
    or Social
    Security Number on the
    certified check or money order.
    Section
    41
    of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    ch. ll1~,par.
    1041, provides for appeal of final
    Orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT
    IS
    SO ORDERED.
    J.D.
    Dumelle and J. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certif
    that the ab ye Opinion and Order was
    adopted on he~2~~~’
    day of
    ~
    ,
    1990,
    by a
    ~
    ~.__
    tion Control Board
    Illinois P0
    116—295

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