ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—139
    (Enforcement)
    ILLINOIS VALLEY PAVING COMPANY,
    )
    an Illinois Corporation,
    Respondent.
    MICHAEL FRANKLIN APPEARED ON BEHALF OF COMPLAINANT.
    BARBARA
    FRITSCHE APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board upon a complaint filed
    July 27, 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 Illinois
    Valley Paving Company (“Illinois Valley”), located in Scott and
    Clinton counties. The complaint alleges that Ilinois Valley has
    violated Sections 9(a) and (b) of the Illinois Environmental
    Protection Act (“Act”), Ill. Rev. Stat. 1989, ch. lll~,pars.
    1001, et. seq., and 35 Ill. Adm. Code Part No. 201.141, 201.143
    and 201.127 of the Board’s rules and regulations.
    Hearing on this matter was held October 5, 1990 in
    Winchester, Scott County. At hearing, the parties submitted a
    Stipulation and Settlement Agreement, executed by the parties.
    Illinois Valley denies the alleged violations. Illinois Valley
    agrees to pay fifteen thousand dollars ($15,000) into the
    Environmental Protection Trust Fund.
    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
    117—93
    —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 Illinois Valley Paving Company, concerning
    Illinois Valley Paving Company’s operations located in
    Scott and Clinton counties. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2.) Illinois Valley Paving Company shall pay the sum of
    fifteen thousand dollars ($15,000) 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
    Illinois Valley Paving Company 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. 1114, 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 a ye Opinion and Order was
    adopted on~he~?O~ day of
    ~
    ,
    1990, by a
    vote of
    ~
    Dorotriy
    Illinois
    tion Control Board
    117—94

    Back to top