ILLINOIS POLLUTION CONTROL BOARD
    September
    9,
    1993
    PEOPLE OF THE
    STATE OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 93—94
    (Enforcement)
    COOPER TOOLS,
    a division of
    )
    Cooper Industries,
    Inc., an
    )
    Ohio corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by N. Nardulli):
    This matter is before the Board upon a complaint filed Nay
    18,
    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 Cooper Tools
    (Cooper), located
    in
    Sycamore, DeKalb County,
    Illinois.
    The complaint alleges that
    Cooper has violated Sections 9(a) and
    (b)
    of the Environmental
    Protection Act
    (Act)
    (415 ILCS 5/9(a)
    and
    (b)),
    and 35 Iii.
    Adm.
    Code 201.142 of the Board’s rules and regulations.
    On July 29,
    1993,
    the parties filed a joint motion
    requesting relief from the Act’s hearing requirement, pursuant to
    Section 31(a) (1).
    Notice of the request for waiver was published
    by the Board on August 10,
    1993;
    no objection to grant of the
    waiver was received.
    Waiver of hearing is hereby granted.
    Cooper does not admit the alleged violations as they relate
    to Cooper’s magnus washers, but admits to past violations as they
    relate to Cooper’s kit box paint line and tank painting
    equipment.
    Cooper agrees to pay a $7,000 penalty into the
    Environmental Protection Trust Fund.
    The Board has authority to
    impose a penalty where the parties have stipulated to a penalty,
    but not to a finding of violation.
    (See,
    Cheinetco,
    Inc.
    v.
    Illinois Pollution Control Board
    (5th Dist.
    1986),
    140 Ill.
    App.3d 283,
    488 N.E.2d
    639,
    643;
    Archer Daniels Midland v.
    Pollution Control Board
    (3rd Dist.
    1986),
    140 Ill.App.3d 823, 489
    N.E.2d
    887.
    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 law in this matter.
    2
    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, and Cooper
    Tools,
    concerning Cooper’s operations located in Sycamore,
    DeKalb County, Illinois.
    The stipulation and settlement
    agreement are incorporated by reference as though fully set
    forth herein.
    2.
    Cooper Tools shall pay the sum of seven thousand dollars
    ($7,000.00) 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
    Cooper Tools 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.
    Cooper Tools shall cease and desist from further violations
    of the Act.
    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
    Rules of the Supreme Court of Illinois establish filing
    requirements.
    (See also 35 Ill.Adm.Code 101.246 “Motions for
    Reconsideration”.)
    3
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer~tifythat the abovft opinion and order was
    adopted on the
    /~
    day of
    __________________,
    1993, by a
    vote of
    ________.
    -
    I
    ~
    Dorothy N.
    Gu1’in, Clerk
    Illinois Pollution Control Board

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