ILLINOIS POLLUTION CONTROL BOARD
    August
    1,
    1994
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB
    94—188
    (Enforcement)
    VIENNA SAUSAGE MANUFACTURING
    )
    COMPANY,
    an Illinois Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a one—count
    complaint filed June 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 Vienna Sausage Manufacturing Company, an
    Illinois Corporation located at 2501 North Damen Avenue,
    in the
    City of Chicago, Cook County,
    Illinois.
    The complaint alleges
    that Vienna Sausage Manufacturing Company has violated Section
    25b-2
    of the Illinois Environmental 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
    June
    27,
    1994.
    The Board published a notice of the waiver on
    June
    30,
    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
    June 27,
    1994.
    The Stipulation sets forth facts relating to the
    nature,
    operations and circumstances surrounding the claimed
    violations.
    Vienna Sausage Manufacturing Company admits the
    alleged violations and agrees to pay a civil penalty of ten
    thousand two hundred fifty dollars
    ($10,250.00).
    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 Vienna Sausage Manufacturing Company,
    concerning its facility located at 2501 North Damen
    Avenue,
    in the City of Chicago, Cook County, Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    The Vienna Sausage Manufacturing Company,
    shall pay the
    sum of ten thousand two hundred fifty dollars
    ($10,250.00). 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 Vienna Sausage Manufacturing
    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)
    Vienna Sausage Manufacturing 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 of the date of service of this order.
    (See also 35
    Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    3
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~
    that the above
    pinion and order was
    adopted on
    t1he
    /
    day of
    -~
    ,
    1994, by a
    vote of
    ~-fr~
    /L’
    Dorothy M. ,~tnn,Clerk
    Illinois P~J,LLutionControl Board

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