ILLINOIS POLLUTION CONTROL BOARD
August
26, 1993
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB 93—133
(Enforcement)
BLOMNER CHOCOLATE COMPANY,
)
a Delaware Corporation,
)
Respondent.
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon a complaint filed
July 22, 1993 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 Bloinmer
Chocolate Company, a Delaware Corporation, located in Chicago,
Cook County, Illinois. The complaint alleges that Blommer
Chocolate Company has violated Sections 9(a) and (b) of the
Illinois Environmental Protection Act (“Act”), 415 ILCS 5/9(a)
and (b), and 35 Ill. Adm. Code 201.143 and 201.144 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 July 22, 1993. Notice of the waiver was published by
the Board on July 23, 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 July 22, 1993. The Stipulation sets forth facts
relating to the nature, operations and circumstances surrounding
the claimed violations. Blominer Chocolate Company admits the
alleged violations. Bloomer Chocolate Company agrees to pay a
civil penalty of $20,000.00.
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.
2
ORDER
1) The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of Illi-
nois and Blommer Chocolate Company, concerning its
operations located in Chicago, Cook County, Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2) Blommer Chocolate Company shall pay the sum of $20,000
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
Blommer Chocolate Company 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) Blommer Chocolate Company 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. Adni. Code 101.246, Motion
for Reconsideration.)
IT IS SO ORDERED.
3
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the aboy~opinion and order was
adopted on the
~
day of
_________________
,
1993, by a
vote of
(~_~~(‘
Dorothy M. ~nn, Clerk
Illinois Pollution Control Board