ILL
    I NO
    I S
    POLLUT
    IoN
    CONTROL
    BOARU
    August.
    ;~
    6,
    99:3
    PEOPLE
    OF
    THE
    LU
    ATE
    OF
    ILLINOIS,
    Comp
    1 a
    nant,
    v.
    )
    PCB
    91—192
    (Enforcement)
    PRAIRIE MATERIAL SALES,
    an Illinois Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by G.
    T.
    Girard):
    This matter comes before the Board upon a complaint filed
    October
    9,
    1991 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 Prairie
    Material Sales,
    an Illinois Corporation located in Batavia, Kane
    County,
    Illinois.
    The complaint alleges that Prairie Material
    Sales has violated Section 9(a) and 9(b)
    of the Illinois Environ-
    mental Protection Act
    (“Act”), 415 ILCS 5/9(a)
    and
    (b),
    and
    35
    Ill.
    Adm. Code 201.143 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 7,
    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.
    Prairie Material Sales denies the
    alleged violations.
    Prairie Material Sales agrees to pay a civil
    penalty
    of Two Thousand, Two Hundred and Fifty Dollars
    ($2,250.-
    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
    ~p~rd,
    140
    Ill.
    App.3d
    ,283,
    488 N.E.2d
    639,
    643
    (5th Dist.
    1986)
    ; and Archer Daniels Midland
    v.
    Pollution Control Board,
    140
    Ili.App.3d
    823,
    489 N.E.2d 887
    (3rd Dist.
    1986).
    The
    Board
    finds the Settlement Agreement acceptable under
    35
    Ill.
    Adm.
    Code
    1C)3.180.
    This Settlement Agreement
    in
    no way
    affects
    respondent’s
    responsibility
    to
    comply
    w~t:h
    any
    federal,
    state
    or
    local
    requLit~
    ions,
    ~nciudirig
    but
    not
    1 imiti~d
    to
    t;he
    Act
    and
    the
    Board’s
    pci
    ut. ion
    control
    regulations.
    This
    opinion
    const
    i
    tutes
    the
    Board’s
    I mdi
    nqo
    ci
    fact.
    and
    conclusions
    of
    Ia~
    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 Prairie Material Sales,
    concerninq
    its opera-
    tions
    located
    in Batavia, Kane County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    Prairie Material Sales shall pay the sum of Two Thousa-
    nd, Two Hundred and Fifty Dollars
    ($2,250.00) 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 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
    Prairie Material Sales 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)
    Prairie Material Sales 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.)
    IT
    IS
    5()
    ORI)EPFI)
    3
    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
    /~~(~‘
    ,
    1993,
    by a
    vote of
    K
    .
    /L(•~/~~
    ,~
    ///
    /~
    ~.
    Dorothy
    M. G~nn, Clerk
    Illinois Poflution Control Board

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