ILLINOIS POLLUTION CONTROL BOARD
    October 21,
    1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 91—157
    (Enforcement)
    THE GRIGOLEIT COMPANY,
    an Illinois Corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board upon a complaint filed
    September 4,
    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 the
    Grigoleit Company, an Illinois Corporation located in Decatur,
    Macon County,
    Illinois.
    The complaint alleges that Grigoleit has
    violated Section 9(a)
    of the Illinois Environmental Protection
    Act (“Act”), 415 ILCS 5/21(f)(l)and 21(f)(2), and 35 Ill. Adm.
    Code 703.121; 703.150(a) (2); 722.134(a) (1) and (a)(4);
    725.131;
    725.273(b); 725.137;
    725.151; 725.152; 725.156;
    725.155;
    725.116((a)(1),
    (a)(2),
    (C)
    and
    (d)(?)
    through (d)(4);
    722.112;
    725.111;
    725.113; 725.131;
    725.1l5(b)(1),
    (C),
    and (d);
    725.173(a),
    (b)(3),
    and
    (b)(7);
    725.175; 725.212; 725.242(a)
    and
    (d); and 725.243 of the Board’s rules.
    Pursuant to 415 ILCS 5/31(a) (1), a joint Motion requesting
    relief from the Act’s hearing requirement was filed by the
    parties on September 4,
    1991.
    Notice of the waiver was published
    by the Board on September 26,
    1993; no objection to grant of the
    waiver was received.
    Waiver of hearing is hereby granted.
    A Stipulation and Settlement Agreement was filed by the
    parties on September
    20,
    1993.
    The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations.
    Grigoleit denies the alleged violations.
    Grigoleit agrees to pay a civil penalty of Twenty Thousand
    Dollars
    ($20,000.00).
    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).
    2
    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.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of 1111—
    nois and The Grigoleit Company, concerning its opera-
    tions located in Decatur, Macon County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    The Grigoleit Company shall pay the sum of Twenty
    Thousand Dollars
    ($20,000.00) 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 Hazardous
    Waste 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
    Grigoleit shall also write its Federal Employer Identi-
    fication Number or Social Security Number on the certi-
    fied check or money order.
    Any such penalty not paid within the time prescribed
    shall
    incur interest at the rate set forth in subsec-
    tion
    (a)
    of Section 1003 of the Illinois Income Tax
    Act,
    (35 ILCS 5/1003), as now or hereafter amended,
    from the date payment is due until the date payment is
    received.
    Interest shall not accrue during the penden—
    cy of an appeal during which payment of the penalty has
    been stayed.
    3)
    Grigoleit shall cease and desist from the alleged
    violations.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41)
    provides for the appeal of final Board orders within 35
    days.
    The Rules of the Supreme Court of Illinois establish
    filing requirements.
    (See also 35 Ill.
    Adm. Code 101.246, Motion
    for Reconsideration.)
    3
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opj~nionand order was
    adopted on the
    ~-~?/-~
    day of
    __________________,
    1993, by a
    vote of
    (~-/
    ~
    Dorothy M. ~ki/1n,Clerk
    Illinois P9lyution Control Board

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