ILLINOIS POLLUTION CONTROL BOARD
    December 16, 1993
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 93—231
    (Enforcement)
    Prestwick Utilities Company,
    a dissolved Illinois
    Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a four—count complaint
    filed November 22, 1993 filed 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 Illinios, against
    Prestwick Utilities Company, a dissolved Illinois Corporation.
    Prestwick maintains an office located in Northbrook, Cook County,
    Illinois. The complaint involves Prestwick’s Wastewater Treatment
    Facility located at 191st Street and 80th Avenue in Frankfort, Will
    County, Illinois. The complaint alleges that respondent violated
    the Environmental Protection Act: Sections 12(a) (cause, threaten
    or allow water pollution); 12(f) (discharge of a contaminant into
    the water of the state without an NPDES permit); and 35 Ill. Adm.
    Code Sections 304.141(a), 309.102(a), 304.106, 302.203, 304.105,
    and 305.102(b) of the Board’s rules.
    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 November 22, 1993. Notice of the waiver was published by the
    Board on November 25, 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 22, 1993. The stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. Prestwick neither admits nor denies the
    allegations of the complaint and agrees to pay a civil penalty in
    the amount of of Fourteen Thousand Dollars ($14,000.00). Where the
    respondent does not admit to a violation in the settlement
    agreement, the Board nonetheless has the authority to approve such
    agreement. (Chemetco. Inc. v. Illinois Pollution Control Board,
    140 Iii. 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
    35 Ill. Adin. Code 103.180, the Board hereby accepts the settlement
    2
    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 Prestwick Company concerning the company’s operations
    located at 191st Street and 80th Avenue in Frankfort,
    Will County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) Prestwick Company shall pay the sum of Fourteen Thousand
    Dollars ($14,000.00) within 30 days from the date of the
    entry 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
    Prestwick Company 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.
    IT IS SO ORDERED.
    J. 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
    requirements. (See also 35 Ill. Adm. Code 101.246, Motion for
    Reconsideration.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, here~ certify that the above opinion and order was adopted
    on the
    ~
    day of
    __________________,
    1993, by a vote of
    7-~
    .
    ~L~i
    ~
    *
    Dorothy M. 4unn, Clerk
    Illinois P~LlutionControl Board

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