ILLINOIS POLLUTION CONTROL BOARD
    July
    3, 1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    ComDlainant,
    v.
    )
    PCB 90-71
    (Enforcement)
    LUTHERAN GENERAL HOSPITAL,
    INC., d/b/a LUTHERAN GENERAL
    HOSPITAL-LINCOLN PARK,
    an Illinois corporation
    Respondent.
    APPEARANCE FOR COMPLAINANT BY RICHARD VERKLER, ASSISTANT ATTORNEY
    GENERAL.
    APPEARANCE FOR RESPONDENT BY CAROLYN O’CONNOR, STAFF COUNSEL.
    OPINION AND ORDER OF THE BOARD (by J. Marlin):
    This matter comes before the Board upon a complaint filed
    April 20, 1990, on behalf of the People of the State of Illinois
    (uPeople?!), by and through its attorney, Neil F. Hartigan,
    Attorney General of the State of Illinois, against Lutheran
    General Hospital, Inc., d/b/a Lutheran General Hospital—Lincoln
    Park located in Chicago, Illinois. The complaint alleges that
    Lutheran General has violated Sections 9 (a) and (b) of the
    Illinois Environmental Protection Act (‘Act”), Ill. Rev. Stat.
    1989, ch. l1l~, pars. 1001, et sec., and 35
    Ill.
    Adm. Code
    201.143 and 212.181 of the Board’s rules and regulations.
    Hearing on this matter was held June 13, 1990 in Chicago,
    Illinois. At hearing, the parties submitted a Stipulation and
    Settlement Agreement, executed by the parties. Lutheran General
    does not admit the alleged violations and in fact denies the
    allegations.
    Lutheran General agrees to pay a civil penalty of
    five thousand dollars ($5,000).
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation. See, Chenetco, Inc. v. Illinois Pollution Control
    Board, 130
    Ill.
    A~p.3d ,283, 488 N.E.2d 639, 643 (5th Dist.
    1986); and Archer Daniels Midland v. Pollution Control Board, 130
    Ill.App.3d 823, 489 N.E.2d 887 (3rd Dist. 1986).
    The Board finds
    the S~-~~ement
    Aareement acceptable under 35
    Ill. Adm. Code 103.180. ~?h~s Settlement Agreement in no way
    affects Respondent’s responsibility to comply with any federal,
    state or local regulations, incuding but not limited to the Act
    113—65
    —~—
    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 Lutheran General :-~ospitai, Inc., concerning
    Lutheran General’s operations located in Chicaqc,
    Illinois. :he Stipulation and Settlement Agreeieot are
    incorporated by reference as though fuL~v set forth
    herein.
    2.) Lutheran General shall pay the sum of five th~ :;and
    dollars ($5,000) within 30 days of toe dare c nis
    Order. Sucn payment shall be made by cerrif~ check or
    money order Payaole to the Treasurer of toe S :e of
    :ilinois, ceslgnated to the Environmental Pro:ction
    Trust Fund, and shall be sent by First Class coil to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    Lutheran General 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. lll~, 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 cer~ifv.that the aboveppinion and Order ,ias
    adopted on the
    5~-~
    day of
    /‘
    1990, oy a
    vote of ç
    .
    I
    /~_~
    ~ 01/
    /2,
    Dorothy M. Gu~n, Clerk
    Illinois Pollution Control Board
    113- f~6

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