ILLINOIS POLLUTION CONTROL BOARD
    February 3, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 93—263
    (Enforcement)
    UNITED GLOBE NIPPON, INC.,
    )
    an Illinois Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a four—count complaint
    filed December 30, 1993, by Roland W. Burns, Attorney General of
    the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency (“Agency”) and the People of the State of Illi-
    nois, against United Globe Nippon, Inc., an Illinois Corporation
    with a plant located at 1001 State Street, Chicago Heights, Cook
    County, Illinois. The complaint alleges that United Globe Nippon,
    Inc. violated Section 9(a) and (b) of the Environmental Protection
    Act (415 ILCS 5/9(a) and (b)), Section 201.142 of the Board’s
    regulations (35 Iii. Adm. Code Part 201), 35 Ill. Adm. Code
    201.143, special permit conditions of air operating permit No.
    87050025, no. 3a, and 35 Ill. Adin. Code 212.307.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    December 30, 1993. The Board published notice of the waiver on
    January 6, 1994; 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 30, 1993. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. United Globe Nippon, Inc. neither admits nor denies
    the alleged violations and agrees to pay a civil penalty of ten
    thousand dollars ($10,000.00).
    Where the respondent did not admit a violation in the
    settlement agreement the Board nonetheless has the authority to
    approve such agreement.
    (~,
    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. Adin. Code 103.180. This settlement agreement in no way affects
    2
    respondent’s responsibility to comply with any federal, 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 United Globe Nippon, Inc. concerning its facility
    located at 1001 State Street, Chicago Heights, Cook
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) United Globe Nippon, Inc. shall pay the sum of ten
    thousand dollars ($10,000.00) 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, United Globe Nippon, 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) United Globe Nippon, Inc. shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer concurred.
    3
    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,
    “Motions for Reconsideration.”)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that above opinion and order was adopted
    on the
    ~?-~‘-~
    day of
    ____________________,
    1994, by a vote of
    Dorothy
    ~
    M.,~unn,
    ~.
    Clerk/~
    Illinois P~o,llution Control Board

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