ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 93—120
    (Enforcement)
    CHICAGO INDUSTRIAL WASTE
    )
    HAULERS, INCORPORATED,
    a former Illinois Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C. A. Manning):
    This matter comes before the Board upon a complaint filed
    June 17, 1993 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Roland W. Burns,
    Attorney General of the State of Illinois, against Chicago
    Industrial Waste Haulers, Incorporated, a former Illinois Corpo-
    ration located in Alsip, Cook County, Illinois. The complaint
    alleges that Chicago Industrial Waste Haulers, Incorporated has
    violated Section 9(a) of the Illinois Environmental Protection
    Act (“Act”), 415 ILCS 5/21(i), and 35 Ill. Adin. Code 722.141(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 June 17, 1993. Notice of the waiver was published by
    the Board on July 8, 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 June 17, 1993. The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. Chicago Industrial Waste Haulers,
    Incorporated denies the alleged violations. Chicago Industrial
    Waste Haulers, Incorporated agrees to pay a civil penalty of
    Seven Thousand Dollars ($7,000.00).
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation. See, Chemetco, 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).
    2
    The Board finds the Settlement Agreement acceptable under 35
    Ill. Adni. 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.
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of Illi-
    nois and Chicago Industrial Waste Haulers, Incorporat-
    ed, concerning its operations located in Alsip, Cook
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) The Chicago Industrial Waste Haulers, Incorporated
    shall pay the sum of Seven Thousand Dollars ($7,000.00)
    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 Illinois 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
    Chicago Industrial Waste Haulers, Incorporated shall
    also write its Federal Employer Identification Number
    or Social Security Number on the certified check or
    money order.
    Any such penalty riot paid within the time prescribed
    shall incur interest at the rate set forth in subsec-
    tion (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 penden—
    cy of an appeal during which payment of the penalty has
    been stayed.
    3) Chicago Industrial Waste Haulers, Incorporated shall
    cease and desist from the alleged violations.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    3
    days. The Rules of the Supreme Court of Illinois establish
    filing requirements. (See also 35 Ill. Adni. Code 101.246, Motion
    for Reconsideration.)
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cer~J~.~that the abov pinion and order was
    adopted on the ~?
    day of
    -,~--~
    ,
    1993, by a
    vote of
    ...5—/
    Pa
    Control Board

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