ILLINOIS POLLUTION CONTROL BOARD
    June 7, 1990
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—15
    (Enforcement)
    WISCONSIN CAN COMPANY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by B. Forcade):
    This matter comes before the Board upon a complaint filed
    January 25, 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 Wisconsin Can
    Company (“Wisconsin Can”), located at 5437 South Massasoit Avenue
    in Chicago, Cook County, Illinois. Thecomplaint alleges that
    Wisconsin Can has violated Sections 9(a) and (b) of the Illinois
    Environmental Protection Act (“Act”), Ill. Rev. Stat. 1987, ch.
    111~,pars. 1001, et. seq., and 35 Ill. Adm. Code 201.144 and
    215.204 of the Board’s rules and regulations.
    Hearing on this matter was held April 17, 1990 in Chicago.
    At hearing, the parties submitted a Stipulation and Settlement
    Agreement, executed by the parties. Wisconsin Can does not admit
    the alleged violations. Wisconsin Can agrees to pay a civil
    penalty of $7,500.
    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. Adm. Code 103.180. This Settlement Agreement in no way
    affects respondent’s resDonsibility 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.
    112—27
    —2—
    ORDER
    1. The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Wisconsin Can Company, concerning Wisconsin
    Can Company’s operations located in Chicago, Cook
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2. Wisconsin Can Company shall pay the sum of Seven
    Thousand Five Hundred dollars ($7,500) in four equal
    quarterly installments, the first installment being due
    30 days from the date of this Order. Such payment shall
    be made by certified check or money order payable to the
    Treasurer o~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
    3. Wisconsin Can 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. 1987, ch. ll1~, 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 certif that the abov Opinion and Order was
    adopted on
    the
    ______
    day of __________________,1990, by a
    t~~1Dorothy
    M.//Gunn,
    ~.
    Clerk
    4~
    Illinois P’ollution Control Board
    112—28

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