ILLINOIS POLLUTION CONTROL BOARD
    July
    1,
    1993
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 93—89
    (Enforcement)
    RICHARD 0.
    SCHULZ COMPANY,
    an Illinois corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by C.
    A. Manning):
    This matter comes before the Board upon a complaint filed
    May 10,
    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 Richard
    0.
    Schulz Company, an Illinois Corporation located in Elmwood Park,
    Cook County,
    Illinois.
    The complaint alleges that Richard
    0.
    Schulz Company has violated Section 9(b)
    of the Environmental
    Protection Act
    (“Act”),
    415 ILCS 5/9(b)
    (1992), and 35
    Ill. Adm.
    Code 201.143 of the Board’s regulations.
    Pursuant to Section 31(a) (1) of the Act,
    a joint Notion
    requesting relief from the Act’s hearing requirement was filed by
    the parties on May 10,
    1993.
    Notice of the waiver was published
    by the Board on May 27,
    1993; no objection to grant of the waiver
    was received.
    Waiver of hearing is granted by the Board via
    today’s Opinion and Order.
    A Stipulation and Settlement Agreement was filed by the
    parties on May 10,
    1993.
    The Stipulation sets forth facts
    relating to the nature,
    operations and circumstances surrounding
    the claimed violations.
    Richard 0.
    Schulz Company neither admits
    nor denies the alleged violations.
    Richard
    0.
    Schulz Company
    agrees to pay a civil penalty of Seven Thousand Five Hundred
    Dollars
    ($7,500.00).
    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.
    Adin.
    Code 103.180.
    This Settlement Agreement in no way
    2
    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
    Illinois and the Richard 0.
    Schulz Company, concerning
    its operations located in Elmwood Park,
    Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.
    The Richard 0.
    Schulz Company shall pay the sum of
    Seven Thousand Five Hundred Dollars
    ($7,500.00) 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 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
    Richard 0.
    Schulz 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
    subsection
    (a)
    of Section 1003 of the Illinois Income
    Tax Act,
    (35 ICLS 5/101 et seq.
    (1992)),
    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.
    Richard
    0.
    Schulz Company shall cease and desist from
    the alleged violations.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1992)), provides for appeal of final orders of the Board
    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.)
    3
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above
    pinion and order was
    adopted on the
    1A2-4
    day of
    ___________________,
    1993,
    by a
    vote of
    ~‘~/
    .
    //
    P.
    Control Board

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