ILLINOIS POLLUTION CONTROL BOARD
June 6,
1991
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
)
)
Complainant,
)
v.
)
PCB 90—218
)
(Enforcement)
)
A.B. DICK COMPANY,
a Delaware
)
Corporation,
Respondent.
JOSEPH
ANNIJNIZO
AND
REBECCA
BURLINGHAM
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
DIXIE
LEE
LASWELL
APPEARED
ON
BEHALF
OF
THE
RESPONDENT.
OPINION
AND
ORDER OF THE
BOARD
(by
R. C.
Flemal):
This matter comes before the Board upon a complaint filed
November 15,
1990 on behalf of the People of the State of
Illinois (“People”), by and through the Attorney General of the
State of Illinois, against A.B. Dick Company (“A.B Dick”)
located
in Niles, Cook County,
Illinois.
The complaint alleges that A.B.
Dick has violated Sections 9(a) and
(b) of the Illinois Environ-
mental Protection Act
(“Act”),
Ill. Rev. Stat.
1989, ch.
111½,
pars.
1001, et sea.,
and 35 Iii.
Adin.
Code 215.204, 201.143 and
201.144 of the Board’s rules and regulations.
Hearing on this matter was held May 21, 1991 in Chicago,
Illinois.
At hearing, the parties orally presented a Stipulation
and Settlement Agreement, executed by the parties which was filed
with the complaint on November 15,
1990.
A.B. Dick specifically
denies the alleged violations.
A.B. Dick agrees to pay a civil
penalty of eleven thousand two hundred fifty dollars ($11, 250).
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.
Adin.
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.
123—15
2
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 A B. Dick Company, concerning A.B. Dick
Company’s
operations located in Niles, Cook County,
Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2.)
A.B. Dick Company shall pay the
sum
of eleven thousand
two hundred fifty dollars
($11,250) 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
A.B. Dick Company 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,
oh.
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 41 of the Environmental Protection Act,
Ill. Rev.
Stat.
1989,
ch.
111½, 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. Duinelle concurred and J. Theodore Meyer dissented.
123—16
3
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that theabo
Opinion and Order was
adopted on the
~
day of
__________________,
1991, by a
vote of
_______.
A
Dorothy N. ~nn,
Clerk
Illinois Poflution Control Board
123—17