ILLINOIS POLLUTION CONTROL BOARD
    February 27,
    1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    V.
    )
    PCB 89—180
    (Enforcement)
    COLWELL/GENERAL,
    INC.,
    )•
    a Delaware Corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board upon a complaint filed
    November 7,
    1989 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
    Colwell/General,
    Inc.,
    a Delaware Corporation located in Harwood
    Heights, Cook County,
    Illinois.
    The complaint alleges that
    Colwell/General,
    Inc. has violated Section 9(a)
    of the Illinois
    Environmental Protection Act (“Act”),
    Ill. Rev. Stat.
    1989,
    ch.
    111 1/2, par.
    1009(a), and 35 Ill. Adm. Code 215.204(c)
    of the
    Board’s rules and regulations.
    Pursuant to Ill. Rev.
    Stat.,
    1990 Supp.,
    ch.
    111 1/2, par.
    1031(a) (1), a joint Motion requesting relief from the Act’s
    hearing requirement was filed by the parties on December 17,
    1991.
    Notice of the waiver was published by the Board on January
    8,
    1992; no objection to grant of the waiver was received.
    Waiver of hearing is granted by the Board via today’s Opinion and
    Order.
    A Stipulation and Settlement Agreement was filed by the
    parties on December 17,
    1991.
    The Stipulation sets forth facts
    relating to the nature, operations and circumstnaces surrounding
    the claimed violations.
    Colwell/General,
    Inc. neither admits nor
    denies the alleged violations.
    Colwell/General,
    Inc. agrees to
    pay a civil penalty of Fifteen Thousand Dollars ($15,000.00).
    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,
    l4C
    Ill.App.3d.823,
    489 N.E.2d 887
    (3rd Dist.
    1986).
    The Board finds the Settlement Agreement acceptable under 35
    130—203
    2
    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
    Agreement executed by the People of the State of
    Illinois and the Colwell/General,
    Inc.,
    concerning its
    operations located in Harwood Heights, Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    The Colwell/General,
    Inc.
    shall pay the sum of Fifteen
    Thousand Dollars
    ($15,000.00) 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
    Coiwell/General,
    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,
    (Ill. Rev. Stat.
    1989,
    ch.
    120, par. 10—1003),
    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)
    Coiwell/General,
    Inc.
    shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    130—204
    3
    Section 41 of the Environmental Protection Act, Ill.
    Rev.
    Stat.
    1989,
    ch.
    111½, par.
    1041, provides for appeal of final
    Orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby cer~ifythat the above Opi~on and Order was
    adopted on the
    ~~-‘7~1
    day of
    —~~t-~
    ,
    1992, by
    a vote of
    ________
    Dorothy
    M.,G,Linn, Clerk
    Illinois P~b,Z1utionControl Board
    130—205

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