ILLINOIS POLLUTION CONTROL BOARD
    December 16,
    1993
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    PCB 93—216
    (Enforcement)
    ALUMINUM
    COIL ANODIZING
    CORPORATION, an Illinois
    Corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.A. Manning):
    This matter comes before the Board upon a two—count complaint
    filed November 18,
    1993
    on behalf
    of the Illinois Environmental
    Protection
    Agency
    and
    the
    People
    of
    the
    State
    of
    Illinois
    (“People”),
    by and through Roland W. Burns, Attorney General of
    the
    State
    of
    Illinois,
    against
    the
    Aluminum
    Coil
    Anodizing
    Corporation,
    an
    Illinois
    Corporation
    located at
    501
    East
    Lake
    Street,
    Streamwood, Cook County,
    Illinois.
    The complaint alleges
    the Aluminum Coil Anodizing Corporation violated Sections 9(a) and
    (b) of the Environmental Protection Act
    (Act)
    (415 ILCS 5/9(a) and
    (b)) and 35 Ill. Adm. Code Sections 201.141, 201.144 and 214.303 (a)
    of the Board’s rules.
    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 November 18,
    1993.
    Notice of the waiver was published by the
    Board on November 19, 1993; no request for a hearing, nor objection
    to
    our granting the waiver
    has been received.
    Waiver
    of
    the
    hearing is hereby granted.
    A proposed stipulation and settlement agreement was filed by
    the parties on November 18, 1993.
    The stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations.
    The parties agree that the stipulation and
    the settlement agreement do not constitute an admission on the part
    of
    respondent
    of
    violating
    the
    Act
    or
    its
    corresponding
    regulations.
    Aluminum Coil Anodizing Corporation agrees to pay a
    civil
    penalty
    of
    Seventeen
    Thousand
    Five
    Hundred
    Dollars
    ($17, 500.00).
    The Board
    has authority to
    impose such a penalty
    where the parties have agreed upon the respondents payment of
    a
    penalty,
    but
    have
    not
    stipulated
    to
    a
    finding
    of
    violation.
    (Cheinetco,
    Inc.
    v.
    Illinois
    Pollution
    Control
    Board,
    140
    Ill.
    App.3d
    ,283,
    488 N.E.2d 639,
    643
    (5th Dist.
    1986); Archer Daniels
    Midland v. Pollution Control Board, 140 Ill.App.3d 823, 489 N.E.2d
    887
    (3rd Dist.
    1986)).
    Pursuant to the settlement procedure requirements set forth in
    2
    35 Ill. Adm. Code 103.180, the Board hereby accepts the settlement
    agreement as proposed by the parties.
    The settlement agreement in
    no way affects
    the respondent’s obligation 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 Aluminum Coil Anodizing Corporation concerning the
    company’s operations
    located
    at 501 East Lake
    Street,
    Streamwood,
    Cook County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    Aluminum Coil Anodizing Corporation shall pay the sum of
    Seventeen
    Thousand
    Five
    Hundred
    Dollars
    ($17,500.00)
    pursuant to the following payment schedule:
    $2,500.00
    within 30 days after entry of this Board’s final order;
    and $2,500.00 every 30 days thereafter until such time as
    payment
    totaling
    $17,500.00
    is
    paid
    in
    full.
    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
    Aluminum Coil Anodizing 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
    (approximately seven and
    a half months
    from the final
    entry of this order) 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)
    Aluminum
    Coil
    Anodizing
    Corporation
    shall
    cease
    and
    desist from the alleged violations.
    3
    3.
    Theodore Meyer concurred.
    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.)
    I,
    Dorothy
    14.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, here~ycertify that the above opinion and order was adopted
    on the
    /~
    ~
    day of
    ~-I~-~’
    ,
    1993, by a vote of
    7-~
    .
    ~
    Dorothy N.(’dunn, Clerk
    Illinois P~lutionControl Board

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