ILLINOIS POLLUTION CONTROL BOARD

December 1,

1994

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

)

Complainant,

V.

j

PCB

94—267

(Enforcement)

DEAN

FOODS

COMPANY,

a Delaware corporation,

Respondent.

OPINION

AND

ORDER OF THE BOARD:

This matter comes before the Board upon a one—count

complaint filed September 27,

1994,

by Roland W. Burns, Attorney

General of the State of Illinois, on behalf of the Illinois

Environmental Protection Agency, and the People of the State of

Illinois, against Dean Foods Company,

a Delaware corporation

located at 1126 Kilburn Avenue,

in the City of Rockford,

Winnebago County,

Illinois.

The complaint alleges that Dean

Foods Company has violated Section 25b-2 of the Illinois Environ-

mental Protection Act (Act),

(415 ILCS

5/25b-2), pertaining to

toxic chemical release reporting requirements.

Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint

Motion requesting relief from the Act’s hearing requirement on

September 27,

1994.

The Board published a notice of the waiver

on October 20,

1994; no objection to grant of the waiver was

received.

Waiver of hearing is hereby granted.

The parties

filed a Stipulation and Settlement Agreement on

September 27,

1994.

The Stipulation sets forth facts relating to

the nature, operations and circumstances surrounding the claimed

violations.

Dean Foods Company neither admits nor denies the

alleged violations and agrees to pay a civil penalty of three

thousand six hundred dollars

($3,600.00).

The Board finds the settlement agreement acceptable under 35

Ill.

Adju.

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.

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2

ORDER

1)

The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and Dean Foods Company, concerning its

facility located at 1126 Kilburn Avenue,

in the City of

Rockford, Winnebago County, Illinois.

The Stipulation

and Settlement Agreement are incorporated by reference

as though fully set forth herein.

2)

The Dean Foods Company, shall pay the

sum

of three

thousand six hundred dollars ($3,600.00) 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

The certified check or money order shall clearly

indicate on its face, the Dean Foods Company’s Federal

Employer Identification Number or Social Security

Number and that payment is directed to the

Environmental Protection Trust Fund

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)

Dean Foods Company shall cease and desist from the

alleged violations.

IT IS SO ORDERED.

Board Member J. Theodore Meyer concurred.

Section 41 of the Environmental Protection Act (415 ILCS

5/41) provides for the appeal of final Board orders within 35

days of the date of service of this order.

(See also 35 Ill.

Adm. Code 101.246, Motion for Reconsideration.)

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3

I, Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the abov

opinion and order was

adopted on the

/-‘~

day of

_________________,

1994,

by a

vote of

7

~

Control Board