ILLINOIS POLLUTION CONTROL BOARD
    October 21, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 93—157
    (Enforcement)
    LISLE PARI DISTRICT, AND R.L.
    )
    SMITH CONSTRUCTION, INC.,
    )
    A NEVADA CORPORATION,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a complaint filed
    August 30, 1993, by Roland W. Burns, Attorney General of the State
    of Illinois, on behalf of the Illinois Environmental Protection
    Agency and the People of the State of Illinois, against Lisle Park
    District, and R.L. Smith Construction, Inc., a Nevada Corporation
    located in Lisle, DuPage County, Illinois. The complaint alleges
    that Lisle Park District, and R.L. Smith Construction, Inc. have
    violated Sections 9(a), 9(b), 9(c), of the Illinois Environmental
    Protection Act (Act), 415 ILCS 5/9(a), 5/9(b), 5/9(c) and 35 Ill.
    Adm. Code 201.141 and 237.102(a) of the Board’s rules.
    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
    August 30, 1993. Notice of the waiver was published by the Board
    on September 23, 1993; no objection to grant of the waiver was re-
    ceived. Waiver of hearing is hereby granted.
    A Stipulation and Settlement Agreement was filed by the parties on
    August 30, 1993. The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. Lisle Park District, and R.L. Smith Construction, Inc.
    deny the alleged violations. Lisle Park District, and R.L. Smith
    Construction, Inc. agree to pay a civil penalty of Three Thousand
    Dollars ($3000.00).
    Where the respondent did not admit to a violation in the settlement
    agreement the Board nonetheless has the authority to approve such
    agreement. 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
    2
    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.
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of Illinois
    and Lisle Park District, and R.L. Smith Construction,
    Inc.
    ,
    concerning their operations located in Lisle,
    DuPage County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) The R.L. Smith Construction, Inc. shall pay the
    sum
    of
    Two Thousand Five Hundred Dollars ($2,500.00) and Lisle
    Park District shall pay Five Hundred Dollars ($500.00)
    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 Illinois 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
    Lisle Park District, and R.L. Smith Construction, Inc.
    shall also write their 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
    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 pendency of an
    appeal during which payment of the penalty has been
    stayed.
    3) Lisle Park District, and R.L. Smith Construction, Inc.
    shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    3
    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, Notion for
    Reconsideration.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the ~a~oveopinion and order was adopted
    on the
    ~
    day of
    __________________,
    1993, by a vote of
    Control Board

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