ILLINOIS POLLUTION CONTROL BOARD
    July 11, 1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    )
    Complainant,
    v.
    )
    PCB 90—37
    (Enforcement)
    )
    NESCO STEEL BARREL COMPANY,
    )
    )
    Respondent.
    EDWARD DWYER, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
    THE COMPLAINANT.
    RICHARD COSBY APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION
    AND ORDER OF THE BOARD (by M. Nardulli):
    This matter comes before the Board upon a complaint filed
    March 19, 1990 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 Nesco Steel
    Barrel Company, located in Granite City, Madison County,
    Illinois. The complaint alleges that Nesco has violated Sections
    9(a) and (b) of the Illinois Environmental Protection Act
    (“Act”), Ill. Rev. Stat. 1989, ch. 111½, 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 June 10, 1991 in Granite
    City, Madison County, Illinois. At hearing, the parties
    submitted a Stipulation and Settlement Agreement, executed by the
    parties. Nesco denies the alleged violations. Nesco agrees to
    pay a civil penalty of seven thousand dollars ($7,000).
    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 responsibility to comply with any federal,
    state or local regulations, including but not limited to the Act
    124—33
    2
    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 People of the State of
    Illinois and Nesco Steel Barrel Company, concerning
    Nesco Steel Barrel Company’s operations located in
    Granite City, Madison County, Illinois
    .
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.) Nesco Steel Barrel Company shall pay the sum of seven
    thousand dollars ($7,000) 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
    Nesco Steel Barrel 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
    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 of
    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.
    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.
    124—34
    3
    J.D. Dumelle concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~y~that the above p1 ion and Order was
    adopted on the
    ~
    day of
    _________________,
    1991, by a
    vote of
    _______
    (2
    ~
    Dorothy M/Aunn,~Clerk
    Illinois ?r’ollution Control Board
    124—35

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