ILLINOIS POLLUTION CONTROL BOARD
    May 5, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—113
    (Enforcement)
    THE PILLSBURY COMPANY,
    )
    a Delaware Corporation,
    )
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a one—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 The Pillsbury Company, a Delaware Corporation
    located at 915 East Pleasant, in the City of Belvidere, Boone
    County, Illinois. The complaint alleges that The Pillsbury
    Company has violated Section 25b-2 of the Illinois Environmental
    Protection Act (Act), (415 ILCS 5\25b—2), pertaining to toxic
    chemical release reporting requirements.
    Pursuant to 415 ILCS 5/31(a) (2), 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 11, 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. The Pillsbury Company admits the alleged violations
    and agrees to pay a civil penalty of one thousand three hundred
    and fifty dollars ($1,350.00)
    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
    2
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and The Pillsbury Company concerning its
    facility located at 915 East Pleasant, in the City of
    Belvidere, Boone County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) The Pillsbury Company shall pay the sum of one thousand
    three hundred and fifty dollars ($1,350.00) 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 Pillsbury Company’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) The Pillsbury Company shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    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.)
    3.
    Theodore Meyer Concurred.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~~thatthe abov opinion and order was
    adopted on the
    ~-
    day of
    __________________,
    1994, by a
    vote of
    __________
    Dorothy M. GuB~,Clerk
    /~
    Illinois Pollution Control Board

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