ILLINOIS POLLUTION CONTROL BOARD
    December 2, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    v.
    PCB 93—188
    (Enforcement)
    THE SEGERDAHL CORPORATION,
    AN ILLINOIS 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 Segerdahl
    Corporation, (Segerdahi), an Illinois Corporation located at 1351
    South Wheeling Road, Wheeling, Cook County, Illinois. The com-
    plaint alleges that Segerdahi has violated Sections 9(a) and 9(b)
    of the Illinois Environmental Protection Act (Act), 415 ILCS
    5/9(a), 5/9(b) and 35 Ill. Adm. Code 201.142 and 35 Ill. Adm. Code
    201.143.
    Pursuant to 415 ILCS 5/31(a)(l), 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 27, 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. Segerdahl does not admit to the alleged
    violations. Segerdahl agrees to pay a civil penalty of three
    thousand dollars ($3,000.00).
    Where the respondent did not admit to a violation in the
    settlement agreement the Board nonetheless has the authority to
    approve such agreement. See, Cheinetco, 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
    I11.App.3d
    823, 489
    N.E.2d
    887 (3rd
    Dist. 1986).
    The Board finds the Settlement Agreement acceptable under
    35
    Ill. Adin. Code 103.180. This Settlement Agreement in no way
    affects respondent’s responsibility to comply with any federal,
    2
    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 Segerdahl Corporation, concerning its operations
    located in Wheeling, Cook County, Illinois. The
    Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2) The Segerdahl Corporation, shall pay the sum of three
    thousand dollars ($3,000.00) 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
    The Segerdahi Corporation, 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) The Segerdahi Corporation, 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.)
    3
    I, Dorothy I’l. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was adopted
    on the
    ~
    day of ~
    ,
    1993, by a vote of
    —
    C
    Dorothy N.
    Illinois Po
    Control Board

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