ILLINOIS POLLUTION CONTROL BOARD
    August 26, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    v.
    )
    PCB 93—134
    (Enforcement)
    ECOLOGIC, INC., a Delaware
    )
    corporation, and HORSEHEAD
    INDUSTRIES, INC., a Delaware
    )
    corporation, cl/b/a ZINC
    )
    COMPANY OF AMERICA,
    )
    Respondents.
    OPINION AND 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 Ecologic,
    Inc., and Horsehead, Industries, Inc., Delaware Corporations,
    doing business as Zinc Company of America located in DePue,
    Bureau County, Illinois. The complaint alleges that Ecologic,
    Inc. and Horsehead Industries, Inc. has violated Section 9(a) of
    the Illinois Environmental Protection Act (“Act”), 415 ILCS
    5/9(a) and 9.1(d) (1)1, and 35 Ill. Adm. Code 201.141 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 27, 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
    1 Section 9.1(d) (1) of the act provides:
    d. No person shall:
    1. Violate any provisions of Sections 111,
    112, 165 or 173 of the Clean Air Act, as
    now or hereafter amended, or federal
    regulations adopted pursuant thereto~ or
    2
    the claimed violations. Ecologic, Inc. and Horsehead Industries,
    Inc. deny the alleged violations. Ecologic, Inc. and Horsehead
    Industries, Inc. agree to pay a civil penalty of Nineteen Thou-
    sand Five Hundred Dollars ($19,500.00).
    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
    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).
    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 Illi-
    nois and Ecologic, Inc. and Horsehead Industries, Inc.,
    concerning their operations located in DUPUe, Bureau
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) Ecologic, Inc. and Horsehead Industries, Inc. shall pay
    the sum of Nineteen Thousand Five Hundred Dollars
    ($19,500.00) as provided in paragraphs (a) and (b)
    below. 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
    Ecologic, Inc. and Horsehead Industries, Inc. shall
    also write their Federal Employer Identification Number
    or Social Security Number on the certified check or
    money order.
    a) $9,750 shall be paid within thirty (30) days of
    the date on which the Illinois Pollution Control
    3
    Board adopts a final order approving this Stipula-
    tion and Proposal for Settlement.
    b) $812.50 shall be paid every thirty (30) days fol-
    lowing that date in subpart “a” above until pay-
    ment is made in full.
    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) Ecologic, Inc. and Horsehead Industries, Inc. 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 Iii. Adm. Code 101.246, Motion
    for Reconsideration.)
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abo opinion and order was
    adopted
    O)~
    the
    ~
    day of
    ___________________,
    1993, by a
    vote of (:~~•(‘
    I
    Control Board

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