ILLINOIS POLLUTION CONTROL BOARD

August 5, 1993

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

v.

)

PCB 93—116

(Enforcement)

H.P. SMITH, INCORPORATED,

an 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 H.P. Smith,

Incorporated, an Illinois Corporation located in Bedford Park,

Cook County, Illinois. The complaint alleges that H.P. Smith,

Incorporated has violated Section 9(a) of the Illinois Environ-

mental Protection Act (“Act”), 415 ILCS 5/9(b).

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. H.P. Smith, Incorporated neither admits

nor denies the alleged violations. H.P. Smith, Incorporated

agrees to pay a civil penalty of Twenty-Seven Thousand Dollars

($27,000.00).

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).

The Board finds the Settlement Agreement acceptable under 35

Ill. Adm. Code 103.180. This Settlement Agreement in no way

affects respondent’s responsibility to comply with any federal,

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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 H.P. Smith, Incorporated, concerning its

operations located in Bedford Park, Cook County, Illi-

nois. The Stipulation and Settlement Agreement are

incorporated by reference as though fully set forth

herein.

2) The H.P. Smith, Incorporated shall pay the sum of

Twenty—Seven Thousand Dollars ($27,000.00) 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

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

H.P. Smith, Incorporated 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 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) H.P. Smith, 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

days. The Rules of the Supreme Court of Illinois establish

filing requirements. (See also 35 Ill. Adm. Code 101.246, Motion

for Reconsideration.)

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IT IS SO ORDERED.

J. Theodore Meyer dissented.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the abov~opinion and order was

adopted on the 5~tZ~-day of

_________________,

1993, by a

vote of ~5~—/

Dorothy M. G9~, Clerk’

Illinois Pol~tion Control Board