ILLINOIS POLLtJTION CONTROL BOARD
    February 28,
    1991
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—180
    (Enforcement)
    CONTAINER CORPORATION OF
    AMERICA,
    a Delaware
    )
    corporation,
    Respondent.
    WILLIAM
    D.
    SEITH APPEARED ON BEHALF OF COMPLAINANT.
    LEE R. CUNNINGHAM APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J
    .
    C. Marlin):
    This matter comes before the Board upon a complaint filed
    october
    1,
    1990 on behalf of the People of the State of
    Illinois
    (“People”),
    by and through the Attorney General of the State of
    Illinois, against Container Corporation of America (“CCA”)
    located in Carol Steam, DuPage County,
    Illinois.
    The complaint
    alleges that CCA has violated Section 9(a) of the
    Illinois
    Environmental Protection Act
    (“Act”),
    Ill. Rev. Stat.
    1989,
    ch.
    lll~,pars.
    1001,
    et..
    seq., and
    35
    Ill. Adm. Code 201.141 and
    214.401 of the Board’s rules and regulations.
    Hearing on this matter was held December
    31,
    1990 in Carol
    Steam, DuPage County,
    Illinois.
    At hearing,
    the parties
    submitted a Stipulation and Settlement Agreement (“Agreement”),
    executed by the parties.
    On February
    13,
    1991,
    the parties
    submitted an agreed motion to file an Addendum to the Stipulation
    and Proposal for Settlement.
    The Addendum discusses the
    factors
    found in Section 42
    of the Act.
    The Board today grants that
    motion.
    CCA denies the alleged violations.
    The parties state in the Agreement that they “believe that
    the public interest will be best served by resolution of this
    enforcement action under the terms and conditions provided”
    (Stip.
    p.
    10)
    in the Agreement.
    The Agreement contains several
    provisions which include a schedule for compliance by March 29,
    1991,
    requirements for quarterly reports and withdrawal of
    appeals by CCA of
    two pending cases,
    one before the Board and one
    before the Appellate Court.
    The Agreement also sets forth two
    consensual payments
    to
    the Environmental Trust Fund.
    One
    is
    to
    119—39
    —2—
    be paid “(should
    CCA achieve compliance solely through facility
    closure
    .
    .
    .
    CCA will make
    a consensual payment of $80,000.”
    (Stip.
    p.
    14).
    In addition, the Agreement provides for financial
    assurance that the $80,000 dollar payment will be made upon
    closure of the facility.
    The second payment that CCA will make
    is one of twelve thousand dollars
    ($12,000),
    payment within
    30
    days of the date of this Opinion and Order.
    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 NE.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 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 People of the State of
    Illinois and Container Corporation of America (“CCA”)
    concerning CCA’S operations located in Carol Stream,
    DuPage County,
    Illinois.
    The Stipulation and Settlement
    Agreement are attached and incorporated by reference as
    though fully set forth herein.
    2.)
    CCA shall comply with all provisions set forth in
    Section VII, paragraphs A—K, and Section VIII of
    the
    Stipulation and Settlement Agreement.
    3.)
    CCA shall pay the sum of
    twelve thousand dollars
    ($12,000) 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
    CCA shall also write its Federal Employer Identification
    Number or Social Security Number on the certified check
    or money order.
    119—40
    —3—
    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.
    J.
    Theodore Meyer dissented.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certif
    that the abov
    Opinion and Order was
    adopted on the
    ~
    day of
    ...LIt~4.
    ,
    1991, by a
    vote of
    _________
    ‘7,,
    Dorothy M./1Gunn, Clerk
    Illinois ~6l1ution Control Board
    119—4 1

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