ILLINOIS POLLUTION CONTROL BOARD
    February 3, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 93—259
    (Enforcement)
    WORLD’S FINEST CHOCOLATE, INC.,
    )
    a Delaware Corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a two—count complaint
    filed December 21, 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
    World’s Finest Chocolate, Inc., a Delaware Corporation with a plant
    located at 4801 South Lawndale, Chicago, Cook County, Illinois. The
    complaint alleges that World’s Finest Chocolate, Inc. violated
    Sections 9(a) and 9(b) of the Environmental Protection Act (415
    ILCS 5/9(a), 5/9(b)) and 35 Ill. Adm. Code §S201.142 and 201.143.
    Pursuant to 415 ILCS 5/31(a)(1), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement
    December 21, 1993. The Board published a notice of the waiver on
    December 29, 1993; no objection to grant of the waiver was
    received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    December 21, 1993. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. World’s Finest Chocolate, Inc. admits to the alleged
    violations and agrees to pay a civil penalty of eight thousand
    dollars ($8,000.00).
    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 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
    2
    Agreement executed by the People of the State of Illinois
    and World’s Finest Chocolate, Inc. concerning its
    facility located at 4801 South Lawndale, Chicago, Cook
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) World’s Finest Chocolate, Inc. shall pay the sum of eight
    thousand dollars ($8,000.00) 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
    The certified check or money order shall clearly indicate
    on its face, World’s Finest Chocolate, Inc.’s Federal
    Employer Identification Number or Social Security Number
    and that the payment is directed to the Environmental
    Protection Trust Fund.
    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) World’s Finest Chocolate, Inc. shall cease and desist
    from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41)
    provides for the appeal of final Board orders within 35 days of the
    date of service of this order. (See also 35 Ill. Adin. Code 101.246,
    “Notions for Reconsideration.”)
    3
    I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
    Board, he~eb~certify that above opinion and order was adopted
    on the
    ~—day of
    ____________________,
    1994, by a vote of
    Dorothy N. 9~’nn, Clerk
    Illinois P~yLutionControl Board

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