ILLINOIS POLLUTION CONTROL BOARD
    August
    30,
    1990
    PEOPLE OF THE STATE ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—68
    (Enforcement)
    OSCAR MAYER FOOD CORPORATION,
    )
    a Delaware corporation,
    Respondent.
    APPEARANCE FOR COMPLAINANT BY JOSEPH ANNUNZIO, ASSISTANT ATTORNEY
    GENERAL.
    APPEARANCE FOR RESPONDENT DOUGLAS MORING, KRAFT GENERAL FOODS.
    OPINION AND ORDER OF THE BOARD
    (by M. Nardulli):
    This matter comes before the Board upon a complaint filed
    April
    20
    1990,
    on behalf of the People of the State of Illinois
    (People), by and through
    its attorney,
    Neil
    F. Hartigan,
    Attorney
    General
    of the State of
    Illinois, against Oscar Mayer Food
    Corporation (Oscar Mayer),
    located
    in Chicago,
    Illinois.
    The
    complaint alleges that Oscar Mayer has violated Section 21(j)
    of
    the Illinois Environmental Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch. 1l1~,pars.
    1001,
    et.
    seq., and
    35
    Ill.
    Adm.
    Code
    809.501(a)
    of the Board’s
    rules and regulations.
    Hearing on this matter ~~iasheld June
    18,
    1990,
    in Chicago
    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.
    Oscar Mayer
    admits to past violations
    of Section 21(j)
    of
    the Act and 35
    Ill.
    Adm. Code 809.501(a) and agrees
    to pay a civil penalty
    of
    seven
    thousand five hundred dollars
    ($7,500).
    Oscar
    Mayer 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.
    This Opinion constitutes the Board’s findings of
    fact and
    conclusions of
    law in this matter.
    1
    14—7SQ
    —2—
    ORDER
    1.)
    The Board hereby accepts
    the Stipulation and Settlement
    Agreement executed by the People of the State
    of
    Illinois and Oscar
    Mayer Food Corporation, concerning
    Oscar Mayer’s operations
    located in Chicago,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    Oscar
    Mayer shall pay the sum of seven thousand five
    hundred dollars
    ($7,500) 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
    Oscar
    Mayer 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. 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 abo~eOpinion and Order
    was
    adopted on the
    ~3c~I-
    day
    of
    )a-~
    ~
    ,
    1990,
    by
    a
    vote of
    ~,-/
    .
    Dorothy M.
    Gun,ri,
    Clerk
    Illinois Pollu’?ion Control Board
    I 14~-7~)fl

    Back to top