ILLINOIS POLLUTION CONTROL BOARD
    December 2, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 93—184
    )
    (Enforcement)
    AMERICAN NATIONAL CAN COMPANY,
    )
    a Delaware Corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a complaint filed
    October 7, 1993, 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 the
    American National Can Company (American), a Delaware Corporation
    located at 6017 South Western Avenue, Chicago, Cook County,
    Illinois. The complaint alleges that American has violated Section
    9(b) of the Illinois Environmental Protection Act (Act), 415 ILCS
    5/9(b), condition la of its Construction permit No. 89070024,
    special conditions la,lc,b,c,2,and 4 of its Operating Permit No.
    73020098, and standard condition 3a of the same permit.
    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 October 7, 1993. Notice of the waiver was published by the
    Board on October 28, 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 October 7, 1993. The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. American admits the alleged violations.
    American agrees to pay a civil penalty of twenty-five thousand
    dollars ($25,000.00).
    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
    and American National Can Company, concerning its opera-
    tions located at 6017 South Western Avenue, Chicago, Cook
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) The American National Can Company shall pay the sum of
    twenty—five thousand dollars ($25,000.00) 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
    American National Can Company shall also write its Feder-
    al 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) American National Can Company 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 require-
    ments. (See also 35 Ill. Adm. Code 101.246, Motion for Reconsider-
    ation.)
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order wa.s adopted
    on the ~
    day of
    __________________,
    1993, b~7avote of
    — ~.
    ~I12’~
    DorothyIllinois
    ~
    M.7~unn,P~1lutionMt ClerkControl
    Board

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