ILLINOIS POLLUTION CONTROL BOARD
    September 12,
    1991
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 91-78
    )
    (Enforcement)
    SURE
    PLUS
    MANUFACTURING
    )
    CO., an’Illinois Corporation,
    )
    Respondent.
    CHRISTINE S. BUCKO, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF CONPLAIHANT THE PEOPLE OF THE STATE OF ILLINOIS.
    RESPONDENT APPEARED PRO SE.
    OPINION
    AND
    ORDER OF THE BOARD
    (by N. Nardulli):
    This matter comes before the Board upon a complaint filed on
    May 7,
    1991, by Roland W. Burns, Attorney General of the State of
    Illinois, on behalf
    of’ the People of the State of Illinois, against
    respondent,
    Sure
    Plus
    Manufacturing
    Company
    (Sure
    Plus).
    The
    complaint alleges that Sure Plus operated its Chicago Heights, Cook
    County,
    Illinois
    facility
    in violation
    of Section
    9(b)
    of
    the
    Illinois Environmental Protection Act
    (Act)
    (Ill. Rev. Stat.
    1989,
    ch. 111 1/2, par. 1009
    (b)) and Sections 201.142 and 201.143 of the
    Board’s air regulations.
    (35 Ill. Adm. Code 201.142 and 201.143.)
    Hearing was held on this matter on June 18,
    1991 in Chicago,
    Illinois.
    At the
    hearing,
    the Attorney General read
    into
    the
    record
    a summary of the terms
    of
    a stipulated
    agreement.
    This
    “Stipulation of Facts and Proposed Settlement” was signed by the
    parties and sets forth the full statement of all material facts
    pertaining to the nature, operations and circumstances surrounding
    the claimed violations.
    Sure Plus neither admits nor denies the
    violations
    of the Act and Board regulations, but agrees to pay a
    penalty of
    one thousand five hundred dollars
    ($1,500)
    into
    the
    Environmental Protection Trust Fund.
    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
    (5th Dist.
    1986); Archer Daniels Midland Co.
    v.
    IPCB,
    14
    Ill. App.
    3d 823, 489 N.E.2d 887
    (3d Dist.
    1986).)
    The Board finds the settlement agreement acceptable under 35
    126—47
    2
    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 Boards’s air pollution 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
    of Facts and
    Proposed Settlement executed by the complainant and Sure
    Plus
    Manufacturing
    Company
    concerning
    violations
    of
    Section 9(b) of the Act and 35 Ill. Adm. Code 201.142 and
    201.143.
    The
    Stipulation
    of
    Facts
    and
    Proposed
    Settlement are incorporated by reference as though fully
    set forth herein.
    2.)
    Sure Plus shall pay the sum of one thousand five hundred
    dollars
    ($1,500)
    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
    Sure
    Plus
    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.
    3.)
    Respondent
    shall
    cease
    and
    desist
    from
    the
    alleged
    violations.
    126—48
    3
    Section 41 of the Environmental Protection Act (Ill. Rev. Sat.
    1987,
    ch.
    111 1/2, 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 dissents.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that th~aboe
    pinion and Order was adopted
    on th~
    /
    ~-‘
    day of
    _____________________
    ,
    1991,
    by a vote
    of
    ~,
    —/
    .
    17
    Illinois
    Control Board
    12
    6—49

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