ILLINOIS POLLUTION CONTROL BOARD
    June
    6,
    1991
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—151
    (Enforcement)
    THOMAS STEEL CORPORATION,
    )
    an Illinois Corporation,
    Respondent.
    ROSEMARIE CAZEAU APPEARED ON BEHALF OF THE COMPLAINANT,
    MICHAEL OHM 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
    August
    7,
    1990 and an amended complaint filed November
    30,
    1990
    on behalf of the People of the State
    of Illinois
    (“People”),
    by
    and through its attorney, Roland
    W. Burns, Attorney General of
    the State of Illinois, against Thomas Steel Corporation (“Thomas
    Steelt’), located
    in Lemont, Will County,
    Illinois.
    The complaint
    alleges that Thomas Steel has violated Section 9(a)
    of
    the
    Illinois Environmental Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch.
    1114, pars.
    1001,
    et.
    seq.,
    and
    35
    Ill. Adm. Code
    212.123 and 212.322 of the Board’s rules and regulations.
    Hearing on this matter was held April
    2,
    1991
    in Chicago,
    Illinois.
    At hearing,
    the parties submitted a Stipulation and
    Settlement Agreement, executed by the parties.
    Thomas
    Steel does
    not admit the alleged violations.
    Thomas Steel agrees
    to pay a
    civil penalty of five thousand dollars
    ($5,000).
    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
    to the Act
    and the Board’s pollution control
    regulations.
    This Opinion constitutes the i~oard’sfindings of
    fact and
    conclusions
    of law
    in this matter.
    123—07
    —2—
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Thomas Steel Corporation, concerning Thomas
    Steel Corporation’s operations
    located
    in Chicago,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    Thomas Steel Corporation shall pay the sum of
    five
    thousand dollars
    ($5,000) 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
    Thomas Steel Corporation shall also write
    its. Federal
    Employer Identification Number or Social Security Number
    on the certified check
    or money order.
    Any such penalty not paid within the time prescribed
    shall incur
    interest at the rate set
    forth in subsection
    (a) of Section 1003 of
    the Illinois Income Tax Act,
    (Ill. Rev.
    Stat.
    1989,
    ch.
    120, par. 10—1003),
    as now or
    hereafter amended, from the date payment
    is due until
    the date payment
    is received.
    Interest shall not accrue
    during the pendency of an appeal during which payment of
    the penalty has been stayed.
    Section 4lof the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    ch.
    1114, 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.D. Dumelle and
    3.
    Theodore Meyer dissented.
    123—08
    —3—
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    that
    the
    ab
    e
    Opinion
    and
    Order
    was
    adopted
    on
    the
    ~
    day
    of
    __________________,
    1991,
    by
    a
    vote
    of
    ~
    .
    Dorothy
    ~4. G~n,
    Clerk
    Illinois
    Pol/Yution
    Control
    Board
    123—09

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