ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 90—88
    )
    (Enforcement)
    ELDON SWEDBERG, d/b/a ELDON
    SWEDBERG SWINE FARM,
    Respondent.
    RENEE CIPRIANO APPEARED ON BEHALF OF COMPLAINANT.
    JOHN R. BAGLEY APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by M. Nardulli):
    This matter comes before the Board upon a complaint filed
    April 30, 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 Eldon Swedberg
    d/b/a Eldon Swedberg Swine Farm (“Swedberg”), located in Morton,
    Tazewell County, Illinois. The complaint alleges that Swedberg
    has violated Sections 12(a), (d), and (f) of the Illinois
    Environmental Protection Act (“Act”), Ill. Rev. Stat. 1989, ch.
    11l~,pars. 1001, et. seq., and 35 Ill. Adm. Code 309.102,
    302.203, and 302.212(a) of the Board’s rules and regulations.
    Hearing on this matter was held August 21, 1990 in Pekin,
    Tazewell County, 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. Swedberg admits to past violations of Sections
    12(a), 12(d) and 12(f) of the Act and agrees to pay a civil
    penalty of four thousand dollars ($4,000). Swedberg further
    agrees to cease and desist from the alleged violations.
    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
    and the Board’s pollution control regulations.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    117—81
    —2—
    ORDER
    1.) The Board hereby accepts the Stipulation and
    Settlement Agreement executed by the People of the
    State of Illinois and Eldon Swedberg, d/b/a Eldon
    Swedberg Swine Farm, concerning Swedberg’s, operations
    located in Morton, Tazewell County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.) Swedberg shall pay the sum of four thousand dollars
    ($4,000) 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
    Swedberg 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. l1l~,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.
    J. Dumelle and J. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the ab ye Opinion and Order was
    adopted on the ~
    day of
    ___________________,
    1990, by a
    vote of
    ~
    Illinois Pol ution Control
    t4~”~’
    Board
    117—82

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