ILLINOIS POLLUTION CONTROL BOARD
December 1,
1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
V.
j
PCB
94—267
(Enforcement)
DEAN
FOODS
COMPANY,
a Delaware corporation,
Respondent.
OPINION
AND
ORDER OF THE BOARD:
This matter comes before the Board upon a one—count
complaint filed September 27,
1994,
by Roland W. Burns, Attorney
General of the State of Illinois, on behalf of the Illinois
Environmental Protection Agency, and the People of the State of
Illinois, against Dean Foods Company,
a Delaware corporation
located at 1126 Kilburn Avenue,
in the City of Rockford,
Winnebago County,
Illinois.
The complaint alleges that Dean
Foods Company has violated Section 25b-2 of the Illinois Environ-
mental Protection Act (Act),
(415 ILCS
5/25b-2), pertaining to
toxic chemical release reporting requirements.
Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
Motion requesting relief from the Act’s hearing requirement on
September 27,
1994.
The Board published a notice of the waiver
on October 20,
1994; no objection to grant of the waiver was
received.
Waiver of hearing is hereby granted.
The parties
filed a Stipulation and Settlement Agreement on
September 27,
1994.
The Stipulation sets forth facts relating to
the nature, operations and circumstances surrounding the claimed
violations.
Dean Foods Company neither admits nor denies the
alleged violations and agrees to pay a civil penalty of three
thousand six hundred dollars
($3,600.00).
The Board finds the settlement agreement acceptable under 35
Ill.
Adju.
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.
This opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
2
ORDER
1)
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of
Illinois and Dean Foods Company, concerning its
facility located at 1126 Kilburn Avenue,
in the City of
Rockford, Winnebago County, Illinois.
The Stipulation
and Settlement Agreement are incorporated by reference
as though fully set forth herein.
2)
The Dean Foods Company, shall pay the
sum
of three
thousand six hundred dollars ($3,600.00) 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
The certified check or money order shall clearly
indicate on its face, the Dean Foods Company’s Federal
Employer Identification Number or Social Security
Number and that payment is directed to the
Environmental Protection Trust Fund
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.
3)
Dean Foods Company shall cease and desist from the
alleged violations.
IT IS SO ORDERED.
Board Member J. Theodore Meyer concurred.
Section 41 of the Environmental Protection Act (415 ILCS
5/41) provides for the appeal of final Board orders within 35
days of the date of service of this order.
(See also 35 Ill.
Adm. Code 101.246, Motion for Reconsideration.)
3
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the abov
opinion and order was
adopted on the
/-‘~
day of
_________________,
1994,
by a
vote of
7
~
Control Board