ILLINOIS POLLUTION CONTROL BOARD
July
3,
1990
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
)
PCB 88—199
(Enforcement)
SEEGERS
GRAIN,
INC.
Respondent.
OPINION AND ORDER OF THE BOARD
(by
J.
Marlin):
This matter comes before
the Board upon the expiration
of
a
30—day stay of decision—making aranted
to
the People of the State
of Illinois
(‘People”)
on May
10,
1990.
The Board
has received
nothing further
from the two parties reaarding
this matter and
assumes,
therefore,
the record
is complete and the matter
ripe
for decision.
PROCEDURAL HISTORY
A brief re—cap of
the procedural history of
this case
is
in
order.
On December
9,
1988 the Illinois Attorney General’s
Office filed,
on behalf of the People, a complaint against
Seegers Grain,
Inc.
(“Seegers”).
The complaint all-eyes
that
Seegers violated Section
24
of
the Environmental Protection Act
(“Act”)
(Ill.
Rev.
Stat.
1989,
ch.
lii
1/2,
par.
1024)
and
Section 900.102 of Board
rules
(35
Ill.
Adm.
Code 900.102)
through noise emissions from certain grain storage operations.
A
hearing was neld on this matter on April
7,
1989 at which
time
attorneys for
the parties represented
to
the Hearing Officer that
the matter was oeing
resolved and that
a draft settlement
document was already prepared.
Testimony was taken from
a
Seegers
representative who outlined several noise
abatement steps
that had been taken under
the oversight
of technical experts of
the :liino~s Environmental Protection Agency.
A noise
suppression test was to
be performed
the following week
to verify
compliance and the parties
requested
a pre—hearing conference
for
the following month.
Seegers
i:’~dicated that
the monetary penalty
was
still
to be
negotiated.
On June
12,
1989
the second hearing was held.
At this time
the People,
by an Assistant Attorney General, submitted
a
Stipulation of
~‘actsand Proposed Settlement Agreement,
It
indicated
the parties were
in “substantial agreement”
on
it but
that
the People had not had the opportunity to get a sianed
coov.
;~hencuestioned
by the Hearino Officer
as
to whethe:
the
People were going
to sign
it,
the People answered affirmot~ve1y.
113—15
z
Significant portions of the stipulation were then read into
the record.
Section
X
related
to the penalty
Seegers agreed
to
pay.
The People represented that Seegers agreed
to
pay a
penalty of
$2,000
into the office of the Illinois Attorney
General
for environmental enforcement within
30 days from the
date on which
the Pollution Control Board adopts
a final
order
approving
this stipulation and proposed settlement.”
Payment was
to be made by certified
check
or money order payable to the
office
of the Illinois Attorney General.
The stipulation of
facts was entered
into evidence
as part of the record.
The
people represented
that the Board would receive an executed copy
within
3 weeks.
The Hearing Officer accepted the procosed
settlement and marked
it
as Exhibit
“A”.
No members
of the
public attended
the hearing.
On December
7,
1989
the parties joint~vsubmitt~-
an
executed Stipulation of Facts
and Proposed Settlemer
the
Board.
The executed agreement
was nateriall
ciffe~
‘~
from the
one submitted
at the June
12,
hearina.
Instead
of
f
:ers paying
$2,000
to the Attorney General’s Office,
toe companr
~as now to
pay $1,000 into the Environo~enta1Protection
Trust
I od.
‘The
agreement was executed by the Chief Assistant Attorn-’i General
on
behalf of the People and
by Robert Seeaers as Presidett
of
Seegers Grain,
Inc.
In its Order dated April
12, 1990
the Board noted the above
discrepancy and requested comments
from the parties c:ncerning
t~hechanged
terms.
On April
23,
1990 Seegers filed
its comment
in Response
to Board Order.
Seegers pointed out that
at
the
hearing of June
12,
1989
the parties were
o’nly in substantial
agreement
to the settlement
terms.
The parties
subsequently
agreed
to the
lower penalty amount,
Seegers stated.
On May
7,
1990,
the People filed a Motion
to Defer
a Decision Cn This
Matter for
30 Days.
The motion alleged
that the parties found
other
inconsistencies
in the proposal as well and were
in the
process of amending
it.
A May
9,
1990 Response
to Peoole’s
Motion
to Defer Decision filed by Seegers disagreed
.-:!th each of
the People’s contentions and stated
it had neither
found any
“inconsistencies”
nor agreed
to amend them.
The Board granted
the People’s motion
in hopes
the matter uculd
be amicably
resolved.
However, more than thirty days has elapsed without
word from either
of the parties.
CONCLUSION
The stipulation submitted
to
the Board and executed by the
parties sets
forth a full stipulation of all material facts
pertaining
to the nature,
operations and circumstances
surrounding the claimed violations.
Each of the parties who
executed the stipulation had full authority
to do so,
as recited
in the agreement
itself.
No one has requested the E~ard to
relieve them from the terms of
the agreement;
no one nas claimed
it was fraudulently entered
into,
or was entered
into under
mistake of
fact or
law.
Seegers does not admit
the alleged
113--i6
violations.
Seegers agrees to pay a
civil penalty
in the amount
of $1,000.
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.
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
t-o
the Act
and
the Board’s
~ollution
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
Seegers Grain,
Inc.
concerning Seegers Grain,
Inc.’s operations
located
in Crystal Lake, McHenrv County,
:llincis.
‘The
Stipulation and Settlement Agreement are incorporated by
reference as though fully
set
forth herein.
2.)
Seegers Grain, 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
Seegers Grain,
Inc.
shall also write
its
Federal Employer
Identification Number
or
Social Security Number
on the certified
check
or money order.
Section 41
of the Environmental Protection Act,
Ill.
Rev.
Stat.
1987,
ch.
ill 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.
IT
IS SO ORDERED.
ii
1-•- 1 7
4
Board Members
J. Anderson,
~3.
Dumelle, and J.
Theodore Meyer
dissent ed.
I,
Dorothy M.
Gunn,
Clerk
of
the Illinois Pollution Control
Board,
hereby certify
that the above--Opinion and Order was
adopted on the
-~
~
day of
-
‘—
,
1990,
by a vote
of
__________________.
.‘
‘
Dorothy
M.
G,U~nn, Clerk
Illinois Pollution Control Board
1
i3—1~