ILLINOIS POLLUTION CONTROL
    BOARD
    June 17,
    1993
    PEOPLE OF THE STATE OF ILLINOIS,)
    Complainant,
    PCB 93—97
    v.
    )
    (Enforcement)
    ADOLPH P. RAYMOND,
    )
    an Illinois corporation,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    This matter comes before the Board upon a complaint filed
    May 10,
    1993,
    on behalf of the People of the State
    of Illinois,
    by and through its attorney, Roland W. Burns, Attorney General
    of the State of Illinois, against Adolph P.
    Raymond,
    located in
    Franklin Park,
    Cook County,
    Illinois.
    The complaint alleges that
    Adolph P. Raymond has violated Section 21(i)
    of the Environmental
    Protection Act
    (‘tAct”),
    415 ILCS 5/21(i)
    (1992), and 35 Iii.
    Adm.
    Code 722.141(a)
    of the Board’s regulations.
    Pursuant to Section 31(a) (1)
    of the Act,
    a joint Motion
    requesting relief from the Act’s hearing requirement was filed by
    the parties on May 10,
    1993.
    Notice of the waiver was published
    by the Board on May 26,
    1993;
    no objection to grant of the waiver
    was received.
    Waiver of hearing
    is granted by the Board via
    today’s opinion and order.
    The parties have submitted a
    Stipulation and Settlement Agreement,
    executed by the parties.
    Adolph
    P. Raymond denies the past alleged violations but agrees
    to cease and desist from future violations of Section 21(i)
    of
    the Act and 35
    Ill.
    Adm. Code 722.141(a).
    Ashland Products,
    inc.
    agrees to pay a civil penalty of Two Thousand Dollars
    ($2,000.00).
    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. 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.
    Adni.
    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.
    01
    ~43O229
    2
    ORDER
    1.
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Adolph
    P. Raymond,
    concerning their
    operations located in Franklin Park, Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.
    Adolph
    P. Raymond shall pay the sum of Two
    Thousand Dollars
    ($2,000.00) 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 Illinois Hazardous Waste 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
    Adolph
    P. Raymond shall also write its Federal Employer
    Identification Number or Social Security Number on the
    certified check or money order.
    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 5/101 et seq.),
    as now or hereafter
    amended, from the date of 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.
    Adolph P. Raymond shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41
    (1992)) provides for appeal of final orders of the Board
    within
    35 days.
    The rules of the Supreme Court of Illinois
    establish filing requirements.
    (See also 35 Ill. Adm. Code
    101.246, Motion for Reconsideration.)
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certi~ythatthe abo
    Opinion and Order was
    adopted on~,the
    //L~~~
    day of
    ________________,
    1
    3, by a
    vote of
    /
    .
    L
    .
    Dorothy M. ~
    Clerk
    0
    1 ~3~023O
    ‘tion Control Board

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