ILLINOIS POLLUTION CONTROL
    BOARD
    September
    27,
    1990
    PEOPLE OF
    THE STATE OF ILLINOIS,
    Complainant,
    ?CB ;3—:04
    (nf::cement)
    L
    &
    B WOOD COR?DRA::ON,
    an
    :llinois Corporation
    Respondent.
    PA!~4.ELACIARROCCHI
    .APPEARED ON BEHALF~OF THE COM~AINANT.
    DAN::L CAVANAUGH APPEARED ON BEHALF OF
    THE RESP:NDEN:.
    op:NI0N AND ORDER OF THE BOARD
    (by M. Nardulli):
    This matter
    comes before
    the Board upon
    a complaint filed
    May
    29,
    1990
    on behalf
    of the People
    of the State of
    Illinois
    (People’),
    by and throuqh
    its attorney,
    Neil
    F. Hartigan,
    Attorney General
    of the State of Illinois,
    aqainst L&2 Wood
    Corporation,
    located
    in Franklin Park,
    Coos
    County,
    :llinois.
    The complaint alleges
    that L&B has violated Secrion 9(b)
    of
    the
    Illinois Environmental Protection Act
    (“Act”),
    :11.
    Rev.
    Stat.
    1989,
    ch. lll~, pars.
    1001,
    et.
    seq.,
    and
    35
    Ill.
    Ado.
    Code
    201.143
    of
    the Board’s
    rules and regulations.
    Hearing
    on
    this matter
    was
    held August
    21,
    1990
    in Skokie,
    Illinois.
    At hearing,
    the parties
    submitted
    a Stipulation and
    Settlement Agreement, executed
    by the parties.
    &3 does not
    admit
    the alleged violations.
    L&B agrees
    to pay a civil penalty
    of
    three thousand dollars
    ($3,000).
    The Board has authority
    to impose
    a cenalty ;~here the
    parties have stipulated
    to
    a penalty,
    but not
    to
    a finding
    of
    violation.
    See,
    Chemetco,
    Inc.
    v.
    Illinois Poluticn Control
    Board,
    140
    Ill. Acp.3d
    ,283,
    488 N.E.2d 639,
    643
    (5th
    Dist.
    1986); and Archer Daniels Midland
    v.
    Pollution Control Board,
    140
    Ili.App.3d
    823,
    489 N.E.2d 887
    (3rd
    Dist.
    986).
    The Board finds
    the Settlement Agreeoent
    acceptable under
    35
    Ill. Ado.
    Code 103.180.
    This
    Setfiemer.t Agreement
    in no way
    affects respondents
    responsibility
    to
    coroply with any federal,
    state or local regulations,
    including but not
    limited
    to the Act
    115-133
    —2—
    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 L&B Wood Corporation, concerning L&B Wood
    Corporation’s operations
    located
    in Franklin Park,
    Cook
    County,
    Illinois.
    The Stipulation and Settlement
    Agreement are incorporated by reference
    as though
    fully
    set forth herein.
    2.)
    L&B Wood Corcorao:on shall pay the sum of
    three thousand
    dollars
    -(93,000) with~-n30 days of thedate
    of this
    Order.
    Such paynen:
    shall
    be made
    by certified check
    or
    money order payaoe
    to the Treasurer
    of the State
    of
    Illinois,
    designated
    to the Environmental Protection
    Trust
    Fund, and snaIl
    be sent
    by First Class mail
    to:
    Illinois
    Envi ronmen:al Protection Agency
    Fiscal Services Divisoon
    2200 Churchi~ Road
    P.O.
    Box
    l2~6
    Springfield,
    :L 62794—9276
    L&B Wood Corporation
    shall also write
    its Federal
    Employer
    Identification Number or Social Security Number
    on the certified check
    or money order.
    Section
    41
    of the Enuironmental Protection Act,
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    1ll~, par.
    3341,
    provides
    for appeal
    of final
    Orders of
    the Board within
    35
    days.
    The Rules
    of
    the Suprene
    Court
    of
    Illinois establisn filing
    recuireo.ents.
    IT
    IS
    SO ORDERED.
    Board Menbers
    J.
    The:3:re Meyer and
    S.
    Duoelle dissented.
    ,
    Dorotny
    Y. Gunn,
    51cr-c
    of the Illonois Pollution Control
    Eoard,
    hereby cert:fy
    ros:
    the above Opinion and Order was
    adopted
    on the
    ________
    do:
    _______________________
    ,
    1990,
    by
    a
    ~
    Dorotny
    M.
    Guno,
    Clerk
    Illinois Pollution Control Board
    115-134

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