ILLINOIS POLLUTION CONTROL BOARD
    June 17,
    1993
    PEOPLE OF THE STATE OF ILLINOIS,)
    Complainant,
    PCB 92—213
    V.
    )
    (Enforcement)
    ATWOOD INDUSTRIES,
    INC.,
    an Illinois corporation,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.
    A.
    Manning):
    This matter comes before the Board upon
    a complaint filed
    December 28,
    1992,
    on behalf of the People of the State of
    Illinois,
    by and through its attorney, Roland W. Burns,
    Attorney
    General of the State of Illinois, against Atwood Industries,
    Inc.,
    located in Stockton, JoDaviess County,
    Illinois.
    The
    complaint alleges that Atwood Industries,
    Inc. has violated
    Section 9(b)
    of the Environmental Protection Act
    (“Act”),
    415
    ILCS 5/9(b)
    (1992), and 35 Ill.
    Adm. Code 201.143 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 May
    10,
    1993.
    Notice of the waiver was published
    by the Board on May 26,
    1993; no objection to grant of the waiver
    was received.
    Waiver of hearing is granted by the Board via
    today’s opinion and order.
    The parties
    have submitted a
    Stipulation and Settlement Agreement,
    executed by the parties.
    Atwood Industries,
    Inc. denies the past alleged violations but
    agrees to cease and desist from future violations of Section 9(b)
    of the Act and 35
    Ill. Adm. Code 201.143.
    Atwood Industries,
    Inc. agrees to pay a civil penalty of One Thousand Dollars
    ($1,000.00)
    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.
    Adin.
    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.
    0! !-3
    37
    2
    ORDER
    1.
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Atwood Industries,
    Inc.,
    concerning their
    operations located
    in Stockton, JoDaviess County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.
    Atwood Industries,
    Inc. shall pay the sum of One
    Thousand Dollars
    ($1,000.00) 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
    Atwood Industries,
    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 ILCS 5/101 et seq.),
    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.
    Atwood Industries,
    Inc. shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    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.
    (See also 35
    Ill.
    Adm. Code
    101.246, Notion for Reconsideration.)
    Board Member Meyer dissented.
    0
    I~.3-~j
    88
    3
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov
    Opinion and Order was
    adopted on the
    /1?Z’
    day of
    __________________,
    1993,
    by a
    vote of
    ________.
    ~
    A.
    L~
    Dorothy M. ç~n, Clerk
    Illinois Po~utionControl Board
    fl
    ~‘
    0
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