ILLINOIS POLLUTION CONTROL BOARD
August
30,
1990
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 89—155
)
(Enforcement)
DECOR GRAVURE CORPORATION,
an Alabama Corporation,
Respondent.
RICHARD VERKLEK, APPEARED ON BHALF
OF COMPLAINANT; AND
FLOYD BABBIT AND THOMAS
B. GOLZ,
APPEARED ON BEHALF OF
RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by J. Anderson):
This matter comes before the Board upon
a complaint filed on
October
4,
1989,
on behalf of the Illinois Environmental
Protection Agency
(“Agency”), by and through
its attorney, Neil
F. Hartigan, Attorney General of the State of Illinois,
against
DeCor Gravure Corporation (“DeCor”), located at 1077 Sesame
Street,
Bensenville,
Cook County,
Illinois.
The complaint
alleges that Decor has violatedSections
9(a)
and 9(b)
of
the
Illinois Environmental Protection Act
(“Act”),
Ill.
Rev.
Stat.
1989,
ch.
111 1/2, pars.
1001,
et.
seq.,
and 35
Ill.
Adm. Code
201.142 and 215.204(f)
of
the Board’s rules and regulations.
Hearing on this matter was held July
13,
1990,
in Chicago,
Illinois.
At hearing,
the parties submitted a Stipulation and
Settlement
Agreement,
executed by the parties.
DeCor neither
admits nor denies the alleged violations.
DeCor agrees
to pay a
civil penalty of $8,000.00.
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. ADp.3d,
283,
488 N.E.2d 639,
643 (5th Dist.
1986); and Archer Daniels Midland
v. Pollution Control
Board,
140
Ill.
App.3d,
823 N.E.2d 887
(3rd Dist.
1986).
The Board
finds
the Settlement
~greement
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.
I
I •~—75’)
—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 Illinois Environmental
Protection Agency and DeCor, concerning DeCor’s
operations
located
in Bensenville, Cook County,
Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2)
DeCor
shall pay the sum of eight thousand dollars
($8,000.00)
within
30 days of the date of
this Order.
Such payment shall be made by cashier’s check payable
to
the Treasure 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.
0.
Box 19276
Springfield,
IL
62794—9276
DeCor
shall also write
its Federal Employer
Identification Number
or Social Security Number on
the certified check or money order.
Section 41 of
the Illinois 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 a3~~oveOpinion and Order was
adopted on the
.3’c~’1 day of
~~eçC~-~7
,
1990,
by
a vote
of
_______.
Dorothy M. Gpnn,
Clerk
Illinois Pollution Control Board
1 I!~-7(,()