ILLINOIS POLLUTION CONTROL BOARD
    September 9,
    1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 93—144
    (Enforcement)
    ANCHOR GLASS
    )
    CONTAINER CORPORATION,
    )
    a Delaware corporation,
    )
    )
    Respondents.
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.A. Manning):
    This matter comes before the Board upon a complaint filed
    July 30, 1993 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 Anchor
    Glass Corporation (“Anchor Glass Corp.”), a Delaware Corpora-
    tions,
    located in LaSalle County,
    Illinois.
    The complaint
    alleges that Anchor Glass Corp. has violated Section 9(a) and
    9(b)
    of the Illinois Environmental Protection Act (“Act”), 415
    ILCS 5/9(a)
    and 9(b), and 35 IlL Mm.
    Code 201.143 of the
    Illinois Pollution Control Board’s
    (“Board”) rules and regula-
    tions.
    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 July 30,
    1993.
    Notice of the waiver was published by
    the Board on August
    5,
    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 July 30,
    1993.
    The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations.
    Anchor Glass Corp.
    denies the alleged
    violations.
    Anchor Glass Corp. agrees to pay a civil penalty of
    One Thousand Dollars
    ($1,000.00).
    The Board has authority to impose a penalty where the
    parties have stipulated to
    a penalty, but not to a finding of
    violation.
    See,
    Cheinetco,
    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
    Ill..
    Adm. Code 103.180.
    This Settlement Agreement in no way
    2
    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 Anchor Glass Corp.,
    concerning their operations located
    in LaSalle, County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as though
    fully set forth herein.
    2)
    Anchor Glass Corp.
    shall pay the sum of One Thousand Dollars
    ($1,000.00).
    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
    Anchor Glass Corp. shall also write their 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),
    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)
    Anchor Glass Corp. shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    J.
    Theodore Meyer dissented.
    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.)
    3
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above~opinionand order was
    adopted on the
    ~
    day of _______________________,
    1993, by
    avoteof
    ______
    .
    .‘
    /
    /~
    I. ~
    /k
    .
    Dorothy M. Gt~4n, Clerk
    Illinois Poljütion Control Board

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