111.1
    NO IS
    POLLUTION
    CONTROL
    BOAId)
    Auqust
    26,
    1993
    PEOPLE
    OF
    TIlL
    SLATE
    OF
    ILLINOIS,
    Complainant,
    v.
    )
    PCB
    92—121
    (Enforcement)
    MINNESOTA MINING AND
    )
    MANUFACTURING COMPANY
    a/k/a
    3M,
    a Delaware Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by
    3.
    Anderson):
    This matter comes before the Board upon a complaint filed
    August 25,
    1992 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 Minnesota
    Mining and Manufacturing Company,
    a Delaware Corporation located
    in Cordova, Rock Island County,
    Illinois.
    The complaint alleges
    that Minnesota Mining and Manufacturing Company has violated
    Section 21(f) (1) and 21(f) (2)
    of the Illinois Environmental
    Protection Act
    (“Act),
    415 ILCS 5/21(f) (1) and 21(f)(2), and 35
    Ill.
    Adm. Code 702.141, 702.152(a), 703.120(b) (1) and
    (b)(4),
    and
    703.121(a)
    of the Board’s rules.
    Pursuant to 415 ILCS 5/3l(a)(l),
    a joint Motion requesting
    relief from the Act’s hearing requirement was filed by the
    parties on July
    12,
    1993.
    Notice
    of the waiver was published by
    the Board on July 29,
    1993;
    no objection to grant of the waiver
    was received.
    Waiver of hearing
    is hereby granted.
    A Stipulation and Settlement Agreement was filed by the
    parties on July 12,
    1993.
    The Stipulation sets forth facts
    relating to the nature,
    operations and circumstances surrounding
    the claimed violations.
    Minnesota Mining and Manufacturing
    Company neither admits nor denies the alleged violations.
    Minnesota Mining and Manufacturing Company agrees to pay a civil
    penalty of Thirty Thousand Dollars
    ($30,000.00)
    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
    Iii.
    App.3d
    ,283,
    488 N.E.2d
    639,
    643
    (5th Dist.
    1986);
    and
    ~
    Daniels Midland
    V.
    Pollution Contro~Board,
    140
    111 .App. 3d
    $2
    ,
    489
    N.E.
    2d
    887
    (3rd
    Dint.
    1986)
    2
    The Board
    inds
    the Settlement Agreement
    acceptable
    under
    35
    Ill.
    Adm.
    Code
    1o~Ll$1~. This Settlement Agreement
    in
    no way
    affects respondent’s responsibility to
    comply with any
    federal,
    state or
    local rejulations,
    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
    lao
    ~n this matter.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of Illi-
    nois and Minnesota Mining and Manufacturing Company,
    concerning its operations located in Cordova,
    Rock
    Island County,
    Illinois.
    The Stipulation and Settle-
    ment Agreement are incorporated by reference as though
    fully set forth herein.
    2)
    Minnesota Mining and Manufacturing Company shall pay
    the sum of Thirty Thousand Dollars
    ($30,000.00)
    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 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
    Minnesota Mining and Manufacturing Company 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 subsec-
    tion
    (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 penden—
    cy of
    an appeal during which payment of the penalty has
    been stayed.
    3)
    Minnesota Mining and Manufacturing Company shall cease
    and desist from the alleged violations.
    Section
    41
    of
    the Environmental
    Protection
    Act
    (415
    ILCS
    5/41)
    providen
    fn~
    the appeal
    of
    finai
    Board orders within
    35
    3
    days.
    The Rules of
    the
    Supreme Court of
    Illinois establish
    filing requirements.
    (See also
    35 Ill.
    Adm.
    Code
    101.246, Motion
    for Reconsideration.)
    IT
    IS
    SO ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above opinion and order was
    adopted on the
    ~z-~ day of
    ti~
    ,
    1993,
    by a
    voteof
    ~T
    .
    1’
    .1,
    /~(/
    Dorothy M.
    Qunn,
    Clerk
    Illinois Pollution Control Board

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