ILLINOIS POLLUTION CONTROL BOARD
October 25, 1990
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 90—84
(Enforcement)
WE-TOAST BREAD
COMPANY, INC.,
Respondent.
PAMELA CIARROCCHI APPEARED FOR COMPLAINANT
ROBERT MELTZER, ROBERT MELTZER & ASSOCIATES APPEARED FOR
RESPONDENT
OPINION AND ORDER OF THE BOARD (by J. C. Marlin):
This matter comes before the Board upon a complaint filed
April 26, 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 ~ce—ToastBread
Company (We—Toast) located Chicago, Illinois. The complaint
alleges that We—Toast has violated Section 9(b) of the Illinois
Environmental Protection Act (“Act”), Ill. Rev. Stat. 1989, ch.
lll~,pars. 1001, et. seq., and 35 Ill. Adm. Code 201.144 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. The Stipulation
sets forth facts pertaining to the nature, operations, and
circumstances surrounding the claimed violations. The Board on
August 30, 1990 requested that the People file additional
information in support of the Stipulation. On October 15, 1990,
the People filed a response to that request. The additional
information contained in that response assisted the Board in
resolving this matter.
The Stipulation specifically details terms of settlement.
We—Toast admits to past violations of Section 9(b) of the Act and
35 Ill. Adm. Code 201.144 and agrees to pay a civil penalty of
three thousand dollars ($3,000). We—Toast further agrees to
cease and desist from the alleged violations.
On July 27, 1990, a Notice of Amendment to Stipulation and
Proposal for Settlement as well as the executed Stipulation and
Proposal for Settlement were filed by the People with the
115—427
—2—
Board. The amendment does not materially alter the unexecuted
Stipulation and Proposal for Settlement filed at hearing as it
merely deletes provisions for the right of entry. The Board finds
the Settlement Agreemen, as amended, 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 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 We—Toast Bread Company, Inc., concerning
We-Toast’s operations located in Chicago, Illinois. The
Stipulation and Settlement Agreement are incorporated by
reference as though fully set forth herein.
2.) We-Toast shall pay the sum of three thousand dollars
($3,000) 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
We—Toast 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 Members J. Dumelle and J. Theodore Meyer dissented.
Board Member J. Anderson concurred.
115—428
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the ~
day of
_________________,
1990, by a
vote of
~
/7
/
/
Dorothy M. 9y~nn, Clerk
Illinois PQ~IlutionControl Board
115—429
.
.