ILLINOIS POLLUTION CONTROL BOARD
    January 9,
    1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v~
    )
    PCB 91—211
    (Enforcement)
    SWIFT-ECKRICH,
    INC.,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes
    before the Board upon
    a
    complaint filed
    November 5,
    1991 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Roland W. Burns, Attorney
    General
    of
    the
    State
    of
    Illinois,
    against
    Swift-Eckrich,
    Inc.
    located in Chicago, Cook County,
    Illinois.
    The complaint alleges
    that Swift-Eckrich, Inc. has violated Sections 9(a) and
    (b) of the
    Illinois Environmental
    Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch. 111½,
    pars. 1009(a) and
    (b) and 35 Ill. Adm. Code 201.142
    and 201.143 of the Board’s rules and regulations.
    Pursuant to Ill.
    Rev.
    Stat.,
    1990 Supp.,
    ch.
    ill
    1.72,
    par.
    1031(a) (1), a joint Motion requesting relief from the Act’s hearing
    requirement was filed by the parties on
    November
    5,
    1991.
    Notice
    of the waiver was published by the Board on November 20,
    1991;
    no
    objection to grant of the waiver was received.
    Waiver of hearing
    is granted by the Board via today’s Opinion and Order.
    A
    Stipulation
    and
    Settlement
    Agreement
    was
    filed
    by
    the
    parties
    on November
    5,
    1991.
    The Stipulation
    sets
    forth
    facts
    pertaining to the nature, operations, and circumstances surrounding
    the
    claimed
    violations.
    Swift-Eckrich,
    Inc.,
    admits
    to
    past
    violations of Sections
    9
    (a)
    and
    (b)
    of the Act and 35
    Ill.
    Adm.
    Code 201.142 and 201.143 and agrees to pay a civil penalty of Eight
    Thousand Dollars
    ($8,000.00).
    Swift—Eckrich Inc.,
    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.
    129—69
    2
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of Illinois
    and
    Swift—Eckrich,
    Inc.,
    concerning
    violations
    of
    Sections
    9(a)
    and
    (b)
    of
    the
    Illinois
    Environmental
    Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch.
    111½,
    pars. 1009(a) and
    (b), and 35 Iii. Adm.
    Code 201.142 and
    201.143 by Swift-Eckrich,
    Inc.’s, operations located
    in
    Chicago,
    Cook
    County,
    Illinois.
    The Stipulation
    and
    Settlement
    Agreement are incorporated
    by
    reference
    as
    though fully set forth herein.
    2.)
    Swift-Eckrich,
    Inc.,
    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 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
    Swift—Eckrich,
    Inc.,
    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,
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    120,
    par.
    10—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.
    Swift-Eckrich,
    Inc.
    shall
    cease
    and
    desist
    from
    the
    alleged violations.
    Section
    41
    of
    the
    Environmental
    Protection
    Act,
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111½,
    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.
    J. THeodore Meyer dissented.
    129—70
    3
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, he~ebycertify th~-t~
    the above Opinion and Order was adopted
    on the
    /~7~ day of
    ~
    ,
    1992, by a vote of
    //~
    ~
    Dorothy M.,4.inn, Clerk
    Illinois P~11utionControl Board
    129—7 1

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