ILLINOIS POLLUTION CONTROL BOARD
    February 4,
    1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 92—71
    (Enforcement)
    THE VALSPAR CORPORATION,
    a Delaware Corporation,
    )
    )
    Respondent.
    MICHAEL
    FRANKLIN
    APPEARED
    ON
    ~BEHALF
    OF
    COMPLAINANT.
    OPINION
    AND ORDER
    OF THE
    BOARD
    (by B.
    Forcade):
    This
    matter comes before the Board upon a complaint filed
    May 7,
    1992 on behalf of the People of the State of Illinois,
    by
    and through its attorney, Roland W. Burns, Attorney General of
    the State of Illinois, against The Valspar Corporation,
    a
    Delaware Corporation located in Chicago, Cook County,
    Illinois.
    The complaint alleges that Vaispar Corporation, has violated
    Section 21(i)
    of the Illinois Environmental Protection Act
    (“Act”), Ill.
    Rev.
    Stat.
    1991,
    ch.
    111½,
    par. 1021(i), and 35
    Ill.
    Adin.
    Code 722.141(a) of the Board’s rules and regulations.
    Hearing on this matter was held on December 17,
    1992 in
    Chicago, Illinois.
    At hearing, the parties agreed to submit a
    Stipulation
    and Settlement Agreement.
    On January 25,
    1993 the
    parties filed a Stipulation and Proposal for Settlement executed
    by the parties.
    Valspar Corporation does not admit to past
    violations of Section 21(i)
    of the Act, I1l.Rev.Stat.
    1991,
    ch.
    11.
    1/2, par. 1021(i), and 35
    Ill.
    Adxn. Code 722.141(a).
    Vaispar
    Corporation agrees to pay a civil penalty of Seventeen Thousand
    Five Hundred Dollars
    ($17,500.00).
    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
    (5th Dist.
    1986),
    140 Ill. App.3d
    ,283,
    488 N.E.2d 639,
    643; and Archer Daniels Midland v. Pollution Control Board
    (3rd
    Dist.
    1986),
    140 Ill.App.3d 823,
    489 NE.2d
    887.
    The Board finds the settlement agreement acceptable under 35
    Ill.
    Adin. 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.
    0139-0017
    2
    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 Illinois Environmental Protection Agency
    and Vaispar Corporation, concerning their operations
    located in Chicago Illinois, Cook County.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.
    Vaispar Corporation, shall pay the
    sum
    of Seventeen
    thousand five hundred dollars
    ($17,500.00) 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
    Hazardous Waste 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
    Valspar Corporation 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
    subsection
    (a)
    of Section 1003 of the Illinois Income
    Tax Act,
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    120, par.
    10—1003),
    as now or hereafter amended, from the date of 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.
    Vaispar Corporation shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    Section 41 of the Environmental Protection Act
    (I1l.Rev.Stat.
    1991,
    Ch 111 1/2, par.
    1041) provides for appeal
    of final orders of the Board within 35 days.
    The rules of the
    Supreme Court of Illinois establish filing requirements.
    (But
    see also 35 Ill.
    Adm. Code 101.246, Motions for Reconsideration,
    and Castenada v.
    Illinois Human Rights Commission
    (1989),
    132
    Ill.
    2d 304,
    547 N.E.2d 437.)
    0139-0018
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert4fy that the abov9iOpinion and Order was
    adopted on the
    ‘~f~-’~day of
    _________________,
    1993, by a
    vote of
    5-1
    *
    ~.
    ./~
    Dorothy My’~unn,Clerk
    Illinois P~llutionControl Board
    0139-0019

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