ILLINOIS POLLUTION CONTROL BOARD
    May 5,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    94—102
    (Enforcement)
    APV ROCKFORD,
    INC.,
    a Delaware Corporation,
    )
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a two—count
    complaint filed March 29,
    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 APV Rockford,
    Inc.,
    a Delaware Corporation
    located at 1303 Samuelson Road,
    in the City of Rockford,
    Winnebago County, Illinois.
    The complaint alleges that APV
    Rockford,
    Inc. has violated Section 21(f)
    of the Illinois Envi-
    ronmental Protection Act
    (Act) and 35 Ill.
    Adin. Code SS 722.134,
    725.273,
    725.131,
    725.132,
    725.134, and 725.137 for failure to
    properly manage hazardous waste containers and to comply with
    emergency preparedness regulations.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    March 29,
    1994.
    The Board published a notice of the waiver on
    March
    31,
    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 29,
    1994.
    The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations.
    APV Rockford,
    Inc. denies the alleged violations
    and agrees to pay a civil penalty of Seven thousand five hundred
    dollars ($7,500.00).
    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. 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 APV Rockford, Inc. concerning its facility
    located at 1303 Samuelson Road,
    in the City of
    Rockford, Winnebago County,
    Illinois.
    The Stipulation
    and Settlement Agreement are incorporated by reference
    as though fully set forth herein.
    2)
    The APV Rockford,
    Inc., shall pay the sum of Seven
    thousand five hundred dollars ($7,500.00) 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
    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 APV Rockford, Inc.’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)
    APV Rockford,
    Inc.
    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 N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cert~tfythat the above opinion and order was
    adopted on,the
    ~Y~-
    day of
    ~
    ,
    1994, by a
    vote of
    ~
    .
    0
    ~
    ~.
    Dorothy M. ~inn, Clerk
    Illinois P6,Xlution Control Board

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