ILLINOIS POLLUTION CONTROL BOARD
    December 16, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 92—191
    (Enforcement)
    PPG INDUSTRIES, INC.,
    a Pennsylvania Corporation with
    )
    a business unit known as
    )
    PPG/Mazer Chemicals,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a complaint filed
    December 7, 1992, 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
    PPG Industries, Inc., (PPG), an Pennsylvania Corporation with
    business unit known as PPG/Mazer Chemicals, located at 3938 Porett
    Drive, Gurnee, Lake County, Illinois. The complaint alleges that
    PPG owned and operated its facility in violation of Section 9(a)
    and (b) of the Environmental Protection Act (Act), 415 ILCS 5/9(a)
    and (b), and 35 Ill. Adm. Code 215.966 and 35 Ill. Adm Code
    201.143.
    Pursuant to 415 ILCS 5/3l(a)(l), a joint Motion requesting
    relief from the Act’s hearing requirement was filed by the parties
    on November 16, 1993. Notice of the waiver was published by the
    Board on November 19, 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 November 16, 1993. The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. PPG neither admits nor denies the alleged
    violations. PPG agrees to pay a civil penalty of thirty-seven
    thousand five hundred dollars ($37,500.00).
    Where the respondent did not admit a violation in the
    settlement agreement the Board nonetheless has the authority to
    approve such agreement. (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).)
    The Board finds the Settlement Agreement acceptable under 35
    2
    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 Illinois
    and PPG Industries, Inc., concerning its operations
    located in Gurnee, Lake County, Illinois. The Stipu-
    lation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2) The PPG Industries, Inc. shall pay the sum of thirty-
    seven thousand five hundred dollars ($37,500.00) 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
    P0. Box 19276
    Springfield, IL 62794—9276
    PPG Industries, Inc. shall also write its Federal Employ-
    er 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) PPG Industries Inc. shall cease and desist from the al-
    leged violations.
    IT IS SO ORDERED.
    3. Theodore Meyer concurred.
    3
    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.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, heçe~ycertify that th~above opinion and order was adopted
    on the /~~ day of
    ____________________,
    1993, by a vote of
    7-C
    Ii
    Control Board

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