ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 93—116
    (Enforcement)
    H.P. SMITH, INCORPORATED,
    an Illinois Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C. A. Manning):
    This matter comes before the Board upon a complaint filed
    June 17, 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 H.P. Smith,
    Incorporated, an Illinois Corporation located in Bedford Park,
    Cook County, Illinois. The complaint alleges that H.P. Smith,
    Incorporated has violated Section 9(a) of the Illinois Environ-
    mental Protection Act (“Act”), 415 ILCS 5/9(b).
    Pursuant to 415 ILCS 5/31(a) (1), a joint Motion requesting
    relief from the Act’s hearing requirement was filed by the
    parties on June 17, 1993. Notice of the waiver was published by
    the Board on July 8, 1993; no objection to grant of the waiver
    was received. Waiver of hearing is hereby granted.
    A Stipulation and Settlement Agreement was filed by the
    parties on June 17, 1993. The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. H.P. Smith, Incorporated neither admits
    nor denies the alleged violations. H.P. Smith, Incorporated
    agrees to pay a civil penalty of Twenty-Seven Thousand Dollars
    ($27,000.00).
    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 (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,
    2
    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 Illi-
    nois and H.P. Smith, Incorporated, concerning its
    operations located in Bedford Park, Cook County, Illi-
    nois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) The H.P. Smith, Incorporated shall pay the sum of
    Twenty—Seven Thousand Dollars ($27,000.00) 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
    H.P. Smith, Incorporated 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 subsec-
    tion (a) of Section 1003 of the Illinois Income Tax
    Act, (35 ILCS 5/1003), as now or hereafter amended,
    from the date payment is due until the date payment is
    received. Interest shall not accrue during the penden—
    cy of an appeal during which payment of the penalty has
    been stayed.
    3) H.P. Smith, Incorporated shall cease and desist from
    the alleged violations.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days. The Rules of the Supreme Court of Illinois establish
    filing requirements. (See also 35 Ill. Adm. Code 101.246, Motion
    for Reconsideration.)
    3
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov~opinion and order was
    adopted on the 5~tZ~-day of
    _________________,
    1993, by a
    vote of ~5~—/
    Dorothy M. G9~, Clerk’
    Illinois Pol~tion Control Board

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