ILLINOIS POLLUTION CONTROL BOARD
    Nay 5, 1994
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 94—109
    (Enforcement)
    DIETZGEN CORPORATION,
    a Delaware Corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a four—count
    complaint filed April 6, 1994, 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 Dietzgen Corporation, a Delaware Corporation
    located at 250 Wille Road, in the City of Des Plaines, Cook
    County, Illinois. The complaint alleges that Dietzgen
    Corporation has violated Sections 9(a) and 9(b) of the Illinois
    Environmental Protection Act (Act), 415 ILCS 5/9(a), 5/9(b) and
    35 Ill. Adm. Code
    §S
    201.141, 218.204, 218.207(b) (1) and (b)(2)
    and 218.105(d) (2) for operating and constructing emission sources
    without the proper permits.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    April 6, 1994. The Board published a notice of the waiver on
    April 12, 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
    April 6, 1994. The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations. Dietzgen Corporation neither admits nor denies the
    alleged violations and agrees to pay a civil penalty of thirty
    five thousand dollars ($35,000.00).
    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. Adm. 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 Dietzgen Corporation, concerning its
    facility located at 250 Wille Road, in the City of Des
    Plaines, Cook County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) The Dietzgen Corporation, shall pay the sum of thirty
    five thousand dollars ($35,000.00) 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
    The certified check or money order shall clearly
    indicate on its face, the Dietzgen Corporation’s
    Federal Employer Identification Number or Social
    Security Number and that payment is directed to the
    Environmental Protection Trust 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) Dietzgen Corporation shall cease and desist from the
    alleged violations.
    3
    IT IS SO ORDERED.
    J. Theodore Meyer Concurred.
    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, Motion for Reconsideration.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cer~.J4~ythat the above opinion and order was
    adopted on the
    ~
    day of
    _________________,
    1994, by a
    vote of ~t1
    7
    Dorothy H. G~.iytn, Clerk
    Illinois PolLYution Control Board

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