ILLINOIS POLLUTION CONTROL BOARD
    July
    3,
    1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—16
    (Enforcement)
    SOLO CUP COMPANY,
    a Delaware corporation
    Respondent.
    APPEARANCE FOR COMPLAINANT BY RICHARD VERKLER,
    ASSISTANT ATTORNEY
    GENERAL.
    APPEARANCE FOR RESPONDENT
    BY DAN MADOCK,
    FOX
    & GROVE,
    Chtd.
    OPINION AND ORDER OF
    THE
    BOARD
    (by J.
    Marlin):
    This matter
    comes before the Board upon
    a complaint filed
    January
    25,
    1990,
    on behalf of
    the People of the State of
    Illinois
    (“People”),
    by and through
    its attorney,
    t~eilF.
    Hartigan, Attorney General of
    the State of Illinois,
    against Solo
    Cup Company
    (Solo)
    located
    in Chicago,
    Illinois.
    The complaint
    alleges that Solo has violated Section
    9(b)
    of
    the Illinois
    Environmental Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    ll1~,pars.
    1001,
    et seq.,
    and 35
    Ill.
    Adm.
    Code 201.142 and
    201.143 of the Board’s
    rules and regulations.
    Hearing on
    this matter was held June
    13,
    1990,
    in Chicago,
    Illinois.
    At hearing,
    the parties submitted
    a Stipulation and
    Settlement Aareement,
    executed by the parties.
    Solo does not
    admit
    the alleged violations.
    Solo agrees
    to pay a civil penalty
    of one thousand seven hundred fifty dollars
    ($1,750).
    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.
    Apo.3d
    ,283,
    488 N.E.2d 639,
    643 (5th
    Dist.
    l986)~ and Archer
    Daniels Midland
    v.
    Pollution Control
    Board,
    130
    Ill.App.3d
    823,
    489 N.E.2d 887
    (3rd Dist.
    1986).
    The. Board
    finds
    the Settlement Agreement acceptable under
    35
    Ill. Adm. Code l03.80.
    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.
    113—3q
    ORDER
    1.)
    The Board hereby accepts
    the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Solo Cup Company, concerning Solo’s
    operations located
    in Chicago,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2.)
    Solo shai
    pay the sum of one thousand seven hundred
    fifty dollars
    ($1,750) within
    30 days of the date of
    this Order.
    Such payment
    shall
    be made by certified
    crLeck
    or money order payable
    to the Treasurer
    of
    the
    ate of Il~ nois,
    designated
    to the Environmental
    ~rotection
    ust Fund, and shall
    be
    sent
    by First Class
    mail
    to:
    Illin
    Environmental Protection Agency
    Fisca
    Services Division
    2200
    C.~iurcnill Road
    P.O. E~x19276
    Sorinqfieid,
    IL 62794—9276
    Solo 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.
    1989,
    ch. lll~,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.
    Board Member
    J.
    Theodore Meyer dissented.
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify
    that the above Op4nion and Order was
    adopted on~the
    _____
    day of
    ~y’
    ,
    1990,
    by
    a
    vote of
    ~
    ./
    .
    ~
    ~
    //,,
    ~
    Dorothy
    M. G~hn,Clerk
    Illinois P~iiutionControl Board
    113—4fl

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