ILLINOIS POLLUTION CONTROL BOARD
    May 5,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    PCB
    92—67
    (Enforcement)
    ESCAST INC.,
    an Illinois Corporation,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    This matter comes before the Board upon a one—count
    complaint filed Nay 7,
    1992,
    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 Escast Inc., an Illinois Corporation located at
    21 North Church Street,
    in the City of Addison, Dupage County,
    Illinois.
    The complaint alleges that Escast Inc., has violated
    Sections 21(i)
    of the Illinois Environmental Protection Act
    (Act)
    and 35 Ill.
    Adm. Code S 722.141 by its failure to file annual
    generator reports.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    March 22,
    1994.
    The Board published a notice of the waiver on
    March 30,
    1994; no objection to grant of the waiver was received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    March 16, 1994.
    The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations.
    Escast
    Inc.,
    neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of one thousand five
    hundred dollars
    ($1,500.00).
    Where the respondent did not admit a violation in the
    settlement agreement the Board nonetheless has the authority to
    approve such agreement.
    (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.
    Adin.
    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
    Illinois and Escast Inc., concerning its facility
    located at 21 North Church Street,
    in the City of
    Addison, Dupage
    County, Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    The Escast 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
    The certified check or money order shall clearly
    indicate on its face, Escast Inc. Federal Employer
    Identification Number or Social Security Number and
    that payment is directed to the Hazardous Waste Fund.
    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)
    Escast 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) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35 Ill.
    Adm. Code 101.246, Notion for Reconsideration.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    £‘~
    day of
    7~2
    &—~_-~
    ,
    1994, by a
    vote of
    ~—o
    Dorothy N.
    Illinois Po~
    Control Board

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