ILLINOIS POLLUTION CONTROL BOARD
    November
    8,
    1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 89—154
    (Enforcement)
    ROLL SERVICE,
    INC.,
    )
    Respondent.
    PAMELA
    CIARROCCHI APPEARED ON BEHALF OF COMPLAINANT.
    SANFORD N. STEIN APPEARED ON BEHALF OF RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by N. Nardulli):
    This matter
    comes before the Board
    on a complaint filed
    on
    September
    26,
    1990,
    on
    behalf
    of
    the People
    of
    the
    State
    of
    Illinois
    ,
    by and through its attorney,
    Neil
    F. Hartigan, Attorney
    General of the State of Illinois, against respondent Roll Service,
    Inc.,
    located
    in
    South
    Holland,
    Cook
    County,
    Illinois.
    The
    complaint alleges that respondent has violated Section 9(b)
    of the
    Environmental Protection Act
    (Act)
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    ill
    1/2, par. 1109(b)) and 35 Ill. Adm. Code 201.142 and 201.143 of the
    Board’s regulations.
    Hearing
    on
    this matter was held
    on
    September
    24,
    1990
    in
    Chicago,
    Illinois.
    At
    the
    hearing,
    the
    parties
    submitted
    an
    executed Stipulation and Settlement
    Agreement.
    Respondent
    does
    not admit the alleged violations, but agrees to pay a civil penalty
    of $3,500.
    The Board
    has the authority to
    impose a penalty where
    the
    parties have
    stipulated
    to
    a
    penalty,
    but not to
    a
    finding
    of
    violation.
    (Chemetco,
    Inc.
    v.
    IPCB,
    140
    Ill.
    App.
    3d
    283,
    488
    N.E.2d 639, 643 (5th Dist.
    1986; Archer Daniels Midland Co. v. PCB,
    140 Ill. App.
    3d 823,
    489 N.E.2d 887
    (3d Dist.
    1986).)
    The Board finds the settlement agreement acceptable under
    35
    Ill.
    Adm.
    Code
    103.180.
    This
    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 Board
    regulations.
    This
    opinion
    constitutes
    the Board’s
    findings
    of
    fact
    and
    conclusions of law in this matter.
    ORDER
    116—15
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement
    executed
    by
    the
    People
    and
    respondent
    concerning
    respondent’s
    operations
    located
    in
    South
    Holland.
    The Stipulation and Settlement Agreement are
    incorporated
    by
    reference
    herein
    as
    though
    fully
    set
    forth.
    2.)
    Roll Service,
    Inc.
    shall pay the sum
    of three thousand
    five hundred dollars
    ($3,500) 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
    Roll
    Services,
    Inc.
    shall 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.
    111
    1/2,
    par.
    1041)
    provides
    for the appeal
    of
    final Board Orders within 35 days.
    The Rules of the Supreme Court
    establish filing requirements.
    IT IS SO ORDERED.
    3.
    D. Dumelle and 3. Theodore Meyer dissent.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was adopted
    on the
    r~
    day of
    _______________
    ,
    1990, by a vote of
    5—~
    Dorothy N. ,~unn, Clerk
    Illinois P~1lution Control
    Board
    116—16

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