ILLINOIS POLLUTION CONTROL BOARD
    September 9,
    1993
    PEOPLE OF THE
    )
    STATE OF ILLINOIS,
    )
    Complainant,
    V.
    )
    PCB 93-56
    (Enforcement)
    WORLD COLOR PRESS,
    INC.,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by
    3.
    Theodore Meyer):
    This matter is before the Board upon a complaint filed
    March 19,
    1993 on behalf of the People of the State of Illinois,
    by and through its attorney, Roland W. Burns, Attorney General
    of the State of Illinois, against World Color Press,
    Inc. at its
    facility in Effinghain County,
    Illinois.
    The complaint alleges
    that World Color Press has violated 35 Ill.
    Adm. Code 731.162(b)
    and 731.163(b)
    of the Board’s rules and regulations.
    On July 27,
    1993, the parties filed a joint motion
    requesting relief from the Act’s hearing requirement, pursuant to
    Section 31(a)(l).
    Notice of the request for waiver was published
    by the Board on August
    7,
    1993; no objection to grant of the
    waiver has been received.
    Waiver of hearing is granted by the
    Board via today’s opinion and order.
    World Color Press admits to past violations of 35 Ill.
    Adm.
    Code 731.162(b)
    and 731.163(b).
    World Color Press agrees to pay
    a civil penalty of ten thousand dollars
    ($10,000.00) to the
    Environmental Protection Trust
    Fund.
    The Board finds the stipulation and 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.
    The Board notes that the People requested,
    in the March 19,
    1993 complaint,
    that the Board award the People its costs,
    including expert witness, consultant,
    and attorney fees,
    incurred
    in the action.
    However, there is no mention of this request in
    the stipulation and settlement agreement.
    Section 42(f)
    of the
    Act allows the Board to award such costs and fees where a person
    has committed a “wilful, knowing or repeated violation of the
    Act.”
    (415 ILCS 5/42(f)
    (1992).)
    The Board finds no evidence in
    this record that World Color Press committed a wilful,
    knowing,
    or repeated violation of the Act.
    We continue to urge the People
    to develop the record to support such a finding,
    especially where
    2
    (as here)
    the complaint originally requests the award of costs
    and fees.
    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,
    the Illinois Environmental Protection Agency (Agency), and
    World Color Press,
    Inc., concerning World Color Press’
    operations located in Effingham County,
    Illinois.
    The
    stipulation and settlement agreement are incorporated by
    reference as though fully set forth herein.
    2.
    World Color Press,
    Inc.
    shall pay the sum of ten thousand
    dollars
    ($10,000.00)
    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
    World Color Press,
    Inc. 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
    (35 ILCS 5/1003
    (1992))
    as now or hereafter amended,
    from the date of
    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.
    World Color Press shall perform the site remediation
    pursuant to the corrective action plan,
    as conditionally
    approved by the Agency.
    4.
    World Color Press, Inc.
    shall cease and desist from further
    violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41
    (1992))
    provides for the appeal of final Board orders.
    The
    3
    Rules of the Supreme Court of Illinois establish filing
    requirements.
    (See also 35 Ill.Adm.Code 101.246 “Motions for
    Reconsideration”.)
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the abovp~opinion and order was
    adopted on~he
    ~-/~
    day of
    _________________,
    1993,
    by a
    vote of
    7—0
    .
    /
    ~
    ~
    ~
    /~•
    ~ Dorothy M. Gt~n,Clerk
    Illinois Po~utionControl Board

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