ILLINOIS POLLUTION CONTROL BOARD
    August
    30, 1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v
    )
    PCB 89—186
    (Enforcement)
    BULK MOLDING COMPOUNDS,
    INC.
    and J.E.C.,
    Inc.,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes before the Board upon
    a complaint filed
    November
    13,
    1989 on behalf of the People of the State o~
    Illinois
    (“People”),
    by and through its attorney, Neil
    F.
    Hartigan,
    Attorney General of
    the State of Illinois,
    against Bulk
    Molding Compounds,
    Inc. and J.E.C.,
    Inc.
    (“Bulk Molding”)
    located
    at 3N497N 17th Street,
    St. Charles, Kane County,
    Illinois.
    The
    complaint alleges
    that Bulk Molding has violated Section 9(a) and
    (b)
    of
    the Illinois Environmental Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch. l1l~, pars.
    1001,
    et.
    se~q~,
    and 35
    Iii. Adm.
    Code 201.141,
    201.142 and 201.143
    of
    the Board’s
    rules and
    regulations.
    Hearing on this matter was held February
    8,
    1990
    in
    St.
    Charles,
    Illinois.
    At hearing,
    the parties subnitted
    a
    Stipulation and Settlement Agreement,
    executed by the parties.
    Bulk Molding does
    not admit
    the alleged violations.
    Bulk Molding
    agrees
    to pay a civil penalty of $12,000.
    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
    11.
    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 no~limited
    to the Act
    and the Board’s pollution control
    regulations.
    This Opinion constitutes
    the Board’s findings
    of
    tact and
    conclusions of law in this matter.
    114-77’)
    —2—
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of
    the State of
    Illinois and Bulk Molding Compounds,
    Inc.
    and J.E~C.,
    Inc. concerning
    Bulk Molding’s operations located in St.
    Charles, Illinois.
    The Stipulation and Settlement
    Agreement are incorporated
    by reference as though fully
    set forth herein.
    2.)
    Bulk Molding shall pay the sum of
    twelve thousand
    dollars ($12,000) 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 o~
    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
    3.)
    Bulk Molding Compounds,
    Inc.
    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.
    1987,
    ch. lll~,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 ab~veOpinion and Order was
    adopted on the
    ~
    day of
    ~
    ~
    ~—
    ,
    1990,
    by
    a
    vote of
    ~‘f
    .
    ~
    / /
    )
    I
    Dorothy M.~Gunn, Clerk
    Illinois P~l1utionControl Board
    I
    I
    !~
    —7F~()

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