ILLINOIS POLLUTION CONTROL BOARD
    June
    6,
    1991
    PEOPLE OF
    THE
    STATE
    OF
    ILLINOIS,
    )
    )
    )
    Complainant,
    )
    v.
    )
    PCB 91—40
    (Enforcement)
    RICHHEIMER FOOD COMPANY, an
    )
    Illinois Corporation, d/b/a
    RICHHEIMER COFFEE COMPANY,
    )
    )
    Respondent.
    PAMELA
    CIARROCCHI
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    BRIAN
    BERGSTROM
    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
    March
    6,
    1991
    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 Richheimer
    Food Company (“Richheiiner),
    located in Chicago, Illinois.
    The
    complaint alleges that Richheimer has violated Section 9(b) of
    the Illinois Environmental Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch.
    111½,
    pars.
    1001,
    et.
    seq.
    and 35 Ill.
    Adm. Code
    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 submitted a Stipulation and
    Settlement Agreement, executed by the parties.
    The Stipulation
    sets forth facts pertaining to the nature,
    operations, and
    circumstances surrounding the claimed violations.
    Richheimer
    admits to past violations of Section 9(b) of the Act and 35 Ill.
    Adm. Code 201.144 and agrees. to pay a civil penalty of two
    thousand dollars
    ($2,000).
    Richheimer further agrees to cease
    and desist from the alleged violations.
    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
    iaw
    in
    this
    rndtter.
    123—37
    2
    ORDER
    1.)
    The Board hereby accepts the stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Richheimer Food Company, concerning
    violations of Section 9(b) of the Act and 35 Ill.
    Adni.
    Code Section 201.144 by.Richheimer Food Company’s
    operations located in Chicago, Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.)
    Richheimer Fooa Company shall pay the sum of two
    thousand dollars
    ($2,000) 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
    Richheimer Food 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,
    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 41 of the Environmental Protection Act, Ill. Rev.
    Stat.
    1987,
    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. Dumelle and
    J.
    Theodore Meyer dissented.
    123—38
    3
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer~i~ythat the above Opinion and Order was
    adopted
    on
    ~e
    (~“
    day of
    __________________,
    1991,
    by
    a
    voteof
    ~
    .
    /
    ~
    Dorothy N. 9~in,Clerk
    Illinois Poktution Control Board
    123—39

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