ILLINOIS POLLUTION CONTROL BOARD
    November 4,
    1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    v.
    )
    PCB 92—68
    (Enforcement)
    CHEM-PLATE INDUSTRIES,
    INC.,
    a Illinois Corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board upon a complaint filed
    May 7,
    1992,
    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 Chem—Plate
    Industries,
    Inc.
    (“Chem-Plate”),
    an Illinois Corporation located
    in Elk Grove Village, Cook County,
    Illinois.
    The complaint
    alleges that Chein-Plate has violated Section 21(i)
    of the
    Illinois Environmental Protection Act
    (“Act”), 415 ILCS 5/21(1),
    and 35 Ill.
    Adin.
    Code 722.141(a)
    of the Board’s rules.
    Pursuant to 415 ILCS 5/31(a) (1),
    a jointmotion requesting
    relief from the Act’s hearing requirement was filed by the
    parties on March
    1,
    1993.
    The notice of the waiver was published
    by the Board on March 11,
    1993.
    An objection to grant of the
    waiver was received on March 25,
    1993,
    and the Board accordingly
    authorized a hearing.
    A hearing was held on July 13,
    1993 in
    Chicago, Cook County,
    Illinois.
    No members of the public
    attended the hearing.
    A Stipulation and Settlement Agreement was filed by the
    parties on February 26,
    1993.
    The stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations.
    Chem-Plate neither admits nor denies the
    alleged violations.
    Chein-Plate agrees to pay a civil penalty of
    eight thousand dollars ($8,000.00).
    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,
    289,
    488 N.E.d 639,
    643 (5th Dist.
    1986); and Archer Daniels Midland v. Pollution Control Board,
    140
    Ill.App.3d 823,
    489 N.E.d 887
    (3rd Dist.
    1986).
    The Board finds the Settlement Agreement acceptable under 35
    Ill. Adm. Code 103.180 with the following exception.
    Upon review
    2
    of the stipulation and settlement agreement,
    the Board finds
    that
    in paragraph
    (2),
    it must correct the designation of payment/form
    the Hazardous Waste Fund to the Environmental Protection Trust
    Fund.
    The Board
    is without statutory authority to do otherwise,
    assuming that the parties desire payment into a special fund
    (rather than into the General Revenue Fund; see 30 ILCS 105/4,
    General Revenue Fund defined).
    Section 42(a)
    of the
    Environmental Protection Act authorizes the Board to order
    special fund payments to be made only into the Environmental
    Protection Trust Fund.
    The Board takes special note that in paragraph
    (2) of this
    order it has designated the Environmental Protection Trust Fund
    in lieu of the Illinois Hazardous Waste Fund as stated in the
    stipulation and settlement agreement.
    The Board has taken this
    action in the interests of procedural economy.
    The parties are
    free to file a motion to reconsider this action.
    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
    Illinois and Chem-Plate,
    concerning its operations
    located in Elk Grove Village, Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    Chem-Plate Industries,
    Inc.
    shall pay the
    sum
    of eight
    thousand dollars ($8,000.00).
    Payment shall be made in
    two installments; four thousand dollars ($4,000.00)
    shall be paid within 60 days of the date o~this order
    and the remaining four thousand dollars
    ($4,000.00)
    shall be paid in 120 days of the date of this order.
    Such payments 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
    3
    Chem-Plate 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),
    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)
    Chein-Plate shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    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.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the abo~opinion and order was
    adopted on the
    ~
    day of ______________________________
    1993, by a vote of
    _______
    Dorothy N. ,G~nn,Clerk
    Illinois Pb~2lutionControl Board

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