ILLINOIS POLLUTION CONTROL BOARD
    August 9, 1990
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    PCB 90—7
    V.
    )
    (Enforcement)
    BLUE TEE CORPORATION (Azcon Scrap
    )
    Division), a Maine Corporation,
    )
    Respondent.
    MICHAEL K. FRANKLIN AND
    JAMES
    J. O’DONNELL APPEARED ON BEHALF OF
    COMPLAINANT;
    KENNETH E. BALSTERS APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by M. Nardulli):
    This matter comes before the Board upon a “Motion for
    Reconsideration and/or Modification” filed on July 27, 1990 from
    the Board’s July 19, 1990 Opinion and Order accepting a stipulation
    and settlement agreement between complainant and respondent. On
    January
    ~16,
    1990, the Illinois Environmental Protection Agency
    (Agency)
    filed a complainant against respondent Blue Tee
    Corporation (Blue Tee). The complaint alleges that Blue Tee has
    committed a continuous violation of Sections 9(a) and 9(c) of the
    Environmental Protection Act (Act) and 35 Ill. Adm. Code 237.102 (a)
    in conducting its scrap metal reclamation facility in Alton,
    Madison County, Illinois.
    Hearing on this matter was held June 22, 1990 in Alton,
    Illinois. At hearing the parties submitted an executed Stipulation
    and Settlement Agreement. This agreement sets forth facts
    pertaining to the nature, operations and circumstances surrounding
    the alleged violations. Blue Tee does not admit or deny the
    alleged violations of Sections 9(a) and 9(c) of the Act (Ill. Rev.
    Stat. 1989, ch. Ill 1/2, par. 1009(a), (c)) and 35 Ill. Adm. Code
    237.102(a), which pertain to open burning, and agrees to pay a
    The Board notes that while the settlement agreement states
    that this matter was filed on behalf of the “People of the
    State of Illinois”, the complaint states that it was filed
    by the “Illinois Environmental Protection Agency”. On July
    10, 1990 the Agency filed a corrected front page to the
    settlement agreement, served on the respondent, correcting
    the settlement agreement so that it conforms to the
    complaint.
    114—41
    2
    civil penalty of eleven thousand five hundred dollars ($11,500)
    On July 19, 1990, the Board entered an Opinion and Order
    stating that “Blue Tee admits to past violations of Sections 9(a)
    and 9(c) of the Act
    ...
    and 35 Ill. Adm. Code 237.102(a)
    ...
    and
    agrees to pay a civil penalty of eleven thousand five hundred
    dollars ($11,500).” On July 27, 1990, Blue Tee filed a “Motion for
    Reconsideration and/or Modification” of the Board’s Opinion and
    Order. According to Blue Tee, the Board incorrectly stated that
    Blue Tee had admitted the violations when, in fact, Blue Tee did
    not admit or deny the violations. The Board’s review of the record
    reveals that Blue Tee did not admit or deny the violations and,
    therefore, the motion for modification is granted. This Opinion
    and Order corrects the error contained in the July Opinion and
    Order. The Board hereby vacates its Opinion and Order of July 19,
    1990.
    The Board has the authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation. (Chemetco, Inc.
    V.
    PCB, 488 N.E.2d 639, 643 (5th Dist.
    1986; Archer Daniels Midland v. PCB, 489 N.E.2d 887 (3d Dist.
    1986)
    .)
    The Board finds the settlement agreement acceptable under 35
    Ill. Adm. Code 103.180. This agreement, however, in no way affects
    Blue Tee’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.
    ORDER
    1.) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the Agency and Blue Tee Corporation
    concerning Blue Tee’s operations located in Alton,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.) Blue Tee shall pay the sum of eleven thousand five
    hundred dollars ($11,500) within 30 days of the date of
    this order. Such payment shall be made by certified
    check or money order payable to the Treasure 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
    3
    P.O. Box 19276
    Springfield, Il 62794—9276
    Blue Tee 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. 111 1/2, par. 1041) provides for appeal of final
    Board orders within 35 days. The Rules of the Supreme Court of
    Illinois establish filing requirements.
    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 ~7ZZ~ day of
    ~
    ,
    1990, by a vote of
    ____
    -I
    :~/‘~ ~
    2?. //~~
    Dorothy M. Gunn, Clerk
    Illinois P~llution Control Board
    114—43

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