ILLINOIS POLLUTION CONTROL
    BOARD
    May 20, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 93-64
    (Enforcement)
    CHICAGO SUN-TIMES, INC.,
    )
    a Delaware Corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C. A. Manning):
    This matter comes before the Board upon a complaint filed
    March 26, 1993, on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Roland W. Burns,
    Attorney General of the State of Illinois, against Chicago Sun—
    Times, Inc., a Delaware Corporation located in Chicago, Cook
    County, Illinois. The complaint alleges that Chicago Sun—Times,
    Inc. has violated Section 9(a) and (b) of the Environmental
    Protection Act (“Act”), 415 ILCS 5/9(a) and 5/9(b) (1992), and 35
    Ill. Adm. Code 201.143 and 201.144 of the Board’s regulations.
    Pursuant to Section 31(a)(1) of the Act, a joint Motion
    requesting relief from the Act’s hearing requirement was filed by
    the parties on March 26, 1993. Notice of the waiver was
    published by the Board on April 15, 1993; no objection to grant
    of the waiver was received. Waiver of hearing is granted by the
    Board via today’s Opinion and Order.
    A Stipulation and Settlement Agreement was filed by the
    parties on March 26, 1993. The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. Chicago Sun—Times, Inc. neither admits
    nor denies the alleged violations. Chicago Sun—Times, Inc.
    agrees to pay a civil penalty of Twenty Thousand Dollars
    ($20,000.00)
    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 (3rdDist. 1986).
    The Board finds the Settlement Agreement acceptable under 35
    Ill. Adin. Code 103.180. This Settlement Agreement in no way
    affects respondent’s responsibility to comply with any federal,
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    .2-fJ597
    2
    state on 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 the Chicago Sun—Times, Inc., concerning
    its operations located in Chicago, Cook County,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2. The Chicago Sun-Times, Inc. shall pay the sum of Twenty
    Thousand Dollars ($20,000.00) 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
    Chicago Sun-Times, Inc. shall also write its Federal
    Employer Identification Number or Social Security
    Number on the certified check or money order.
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection (a) of Section 1003 of the Illinois Income
    Tax Act, (35 ICLS 5/101 et seq. (1992))), as now or
    hereafter amended, from the date of payment is due
    until the date payment is received. Interest shall not
    accrue during the pendency of an appeal during which
    payment of the penalty has been stayed.
    3. Chicago Sun—Times, Inc. shall cease and desist from the
    alleged violations.
    Section 41 of the Environmental Protection Act, (415 ILCS
    5/41 (1992)), provides for appeal of final orders of the Board
    within 35 days. The Rules of the Supreme Court of Illinois
    establish filing requirements. (But see also 35 Ill. Adm. Code
    101.246, Motions for Reconsideration.)
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    598
    3
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on ~he ~
    day of ‘~7)--~
    ~
    ,
    1993, by a
    vote of
    ________
    Dorothy M. qkinn, Clerk
    /i~
    Illinois Po,Z~1ution Control Board
    U
    H~-~599

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