ILLINOIS POLLUTION CONTROL BOARD
    October
    11,
    1990
    PEOPLE OF THE STATE OF
    )
    ILLINOIS,
    Complainant,
    v.
    )
    PCB 90-115
    (Enforcement)
    EXCELLO COLOR AND CHEMICAL
    COMPANY,
    an Illinois
    Corporation,
    Respondent.
    MR. JOSEPH
    J. ANNUNZIO AND MS. ELIZABETH WALLACE APPEARED ON
    BEHALF OF THE COMPLAINANT.
    MR. WILLIAM M. RUBINSTEIN APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by R.
    Flemal):
    This matter comes before the Board upon a complaint filed
    June 18,
    1990, on behalf of the People of the State of Illinois
    (“People’t),
    by and through its attorney, Neil F.
    Hartigan,
    Attorney General of the State of Illinois, against Excello Color
    and Chemical Company
    (“Excello”),
    located in Chicago Illinois.
    The complaint alleges that Excello has violated Sections 9(a)
    and
    (b)
    of the Illinois Environmental Protection Act
    (“Act”),
    Ill.
    Rev. Stat.
    1989,
    ch. ll1~,pars.
    1001,
    et.
    seq.,
    and 35
    Iii.
    Adm.
    Code 201.144 of
    the Board’s rules and regulations.
    Hearing on this matter was held August
    22,
    1990,
    in Skokie,
    Illinois.
    At hearing,
    the parties submitted a Stipulation and
    Settlement Agreement,
    executed by the parties.
    The Stipulation
    sets forth facts pertaining to the nature, operations, and
    circumstances surrounding the claimed violations.
    Excello admits
    to past violations of Sections 9(a) and
    (b)
    of
    the Act and
    35
    Ill. Adm. Code 201.144 and agrees to pay a civil penalty of ten
    thousand dollars
    ($10,000).
    Excello further agrees to cease and
    desist from the alleged violations.
    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.
    115—293
    —2—
    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 Excello Color and Chemical
    Company, concerning Excello’s operations located in
    Chicago,
    Illinois.
    The Stipulation and Settlement
    Agreement are incorporated by reference as though
    fully set forth herein.
    2.)
    Excello 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
    Excello 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.
    Board Member
    J.
    Theodore Meyer dissented.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the abovftq2inion and Order was
    adopted on the
    //Z7~
    day of
    ____________________
    ,
    1990, by a
    vote of
    ~~5—/
    ~on Control Board
    115—294

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