ILLINOIS POLLUTION CONTROL BOARD
    January 21, 1993
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    PCB 90—89
    PCB 91—123
    Consolidated
    (Enforcement)
    FRED JOHNSON, JOHNSON & BRIGGS
    TANK
    TRUCE
    SERVICE, a/k/a
    JOHNSON & BRIGGS
    TANK
    TRUCK.
    &
    HEATER
    SERVICE,
    Respondents.
    OPINION
    AND
    ORDER OF
    THE
    BOARD
    (by 3.
    C. Marlin):
    This matter comes before the Board upon a complaint.filed
    May 1,
    1990 and amended complaint filed July 17,
    3990 on
    behalf
    of the Illinois Environmental Protection
    Agency, by and
    through
    its attorney, Roland W. Burns, Attorney General of the State of
    Illinois, against Fred Johnson, Herman
    L.Loeb,
    Johnson & Briggs
    Tank Truck Service, a/k/a Johnson
    &
    Briggs
    Tank
    Truck
    & Heater
    Service
    (hereinafter “Johnson & Bniggs, Inc.”), an Illinois
    Corporation, located in Albion, Illinois.1
    Respondent
    Herman
    L.
    Loeb was dismissed by Board order on December 17,
    1992.
    The
    amended complaint alleges that Johnson & Bniggs, Inc. has
    violated subsections 12(g),
    21(f),
    (g)
    -and
    (j), and 39(e)
    of
    the
    Illinois Environmental Protection Act (“Act”),
    Ii..
    Rev. Stat.
    1991,
    ch.
    111¼,
    pars.
    1012(g),
    1021(f), 1021(g) and 1021(j). and
    35111. Adm. Code 704.161(a) and
    (b), 704.201, 704.202,704.203,
    723.111,723.120(a),
    (b),
    (C),
    (d); 723.121, 723.122(a) and (b),
    730.108, 730.112 and 730.113(b) and
    (c), 809.201 and
    809..302(a)(b) of the Board’s rules and 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 December 7,
    1992.
    Notice of
    the
    waiver was
    published by the Board on December 23,
    1992; no objection to
    grant of the waiver was received.
    Waiver of hearing is granted
    by the Board via today’s Opinion and Order.
    Johnson & Bnigga,
    1
    The Board notes that the stipulation and motion for
    relief from hearing requirement state that they were filed by
    the
    Attorney General on behalf of the People of the State of Illinois
    However, the complaint states that it was filed on behalf of the
    Illinois Environmental Protection Agency.
    The Board has
    construed all references to the complainant to mean the Illinois
    Environmental Protection Agency.
    0138-0367
    2
    Inc. denies the alleged violations.
    Johnson & Bniggs agrees to
    pay a civil penalty of Ten Thousand Dollars ($10,000.00).
    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. App3d 283, 488 N.E.2d 639,
    643
    (5th Dist.
    1986),;
    and Archer Daniels Midland V. Pollution Control Board,
    140
    I11.App.3d 823, 489 N.E.2d 887
    (3rd Dist. 1986).
    The Board finds the Settlement Agreement accept4ble 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
    Agreement executed by the Illinois Enviropmental
    Protection Agency and Johnson & Briggs, Inc.,
    concerning their operations located in Albion,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    Johnson & Bniggs,
    Inc. shall pay the
    sum
    a
    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
    Johnson & Bniggs, Inc. shall also write its Federal
    Employer Identification
    Number
    or Social Seci
    ity
    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
    0138~0388
    3
    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)
    Johnson & Briggs,
    Inc. shall cease and desist from the
    alleged violations.
    Section 41 of the Environmental Protection Act
    (Ill.Rev.Stat.
    1991, Ch 111 1/2, 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.
    (But
    see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration,
    and Castenada v.
    Illinois Human Riahts Commission
    (1989), 132
    Ill. 2d 304,
    547 N.E.2d 437.)
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certif1 that the abo
    opinion and order was
    adopted on the
    ~
    day of
    _________________,
    1993, by a
    vote of
    .5—i
    .
    Dorothy N. ,qunn, Clerk
    Illinois Pb~.lutionControl Board
    0138-0389

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