ILLINOIS POLLUTION CONTROL BOARD
    September
    9,
    1993
    PEOPLE OF THE
    )
    STATE OF ILLINOIS,
    Complainant,
    v
    )
    PCB 92—69
    (Enforcement)
    PATTERSON GEAR
    &
    )
    MACHINE,
    INC.
    Respondent.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by J. Theodore Meyer):
    This matter is before the Board upon a complaint filed May
    7,
    1992 on behalf of the People of the State of Illinois,
    by and
    through its attorney, Roland
    W. Burns, Attorney General of the
    State of Illinois, against Patterson Gear
    & Machine,
    Inc.
    (Patterson),
    located in Rockford, Winnebago County,
    Illinois.
    The complaint alleges that Patterson has violated Section 21(i)
    of the Environmental Protection Act
    (Act)
    (415 ILCS 5/21(1)),
    and
    35 Ill.
    Adni.
    Code 722.141(a)
    of the Board’s rules and
    regulations.
    On July 22,
    1993,
    the parties filed a joint motion
    requesting relief from the Act’s hearing requirement, pursuant to
    Section 31(a) (1).
    Notice of the request for waiver was published
    by the Board on July 28,
    1993;
    no objection to grant of the
    waiver was received.
    Waiver of hearing is granted by the Board
    via today’s opinion and order.
    Patterson denies the alleged violations,
    but agrees to pay
    $1,500 into the Illinois Hazardous Waste Fund.
    The Board has
    authority to impose a penalty where the parties have stipulated
    to a penalty,
    but not to a finding of violation.
    (See,
    Chemetco.
    Inc.
    v.
    Illinois Pollution Control Board
    (5th Dist.
    1986),
    140
    Ill. App.3d 283,
    488 N.E.2d 639,
    643;
    Archer Daniels Midland
    v.
    Pollution Control Board
    (3rd Dist.
    1986),
    140 Ill.App.3d 823,
    489
    N.E.2d 887.
    The Board finds the settlement agreement acceptable under
    35
    Ill.
    Admn.
    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.
    The Board notes that the People requested,
    in the May 7,
    1992 complaint,
    that the Board award the People its costs,
    including expert witness,
    consultant,
    and attorney fees,
    incurred
    in the action.
    However, there
    is no mention of this request
    in
    2
    the stipulation and settlement agreement.
    Section 42(f)
    of the
    Act allows the Board to award such costs and fees where a person
    has committed
    a
    “wilful,
    knowing or repeated violation of the
    Act.”
    (415 ILCS 5/42(f)
    (1992).)
    The Board finds no evidence in
    this record that Patterson committed a wilful, knowing,
    or
    repeated violation of the Act.
    We continue to urge the People to
    develop the record to support such a finding, especially where
    (as here)
    the complaint originally requests the award of costs
    and fees.
    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,
    the Illinois Environmental Protection Agency, and Patterson
    Gear
    & Machine,
    Inc., concerning Patterson’s operations
    located in Rockford, Winnebago County,
    Illinois.
    The
    stipulation and settlement agreement are incorporated by
    reference as though fully set forth herein.
    2.
    Patterson Gear
    & Machine,
    Inc. shall pay the sum of one
    thousand five hundred dollars
    ($1,500.00) 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 Hazardous Waste
    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
    Patterson Gear
    & Machine,
    Inc.
    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
    (1992))
    as now or hereafter amended,
    from the date of
    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.
    Patterson Gear
    & Machine,
    Inc. shall cease and desist from
    the alleged violations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41
    (1992)) provides for the appeal of final Board orders.
    The
    Rules of the Supreme Court of Illinois establish filing
    requirements.
    (See also
    35 Ill.Adm.Code 101.246 “Motions for
    Reconsideration”.)
    I,
    Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the abg~egpinion and order was
    adopted on the
    ~1~-
    day of
    ~
    ,
    1993,
    by a
    voteof
    1c
    .
    ))~.
    Dorothy N. G~n, Clerk
    Illinois Poflution Control Board

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