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