ILLINOIS POLLUTION CONTROL BOAR!)

3anuary 7, 1993

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

)

P~B

92-192

(Enforcement)

SE HAND TOOL CORPORATION,   

)

an Illinois corporation,    

)

Respondent.     

)

OPINION AND ORDER OF THE BOARD 

(by

3

•

C.

Marlin):

This matter comes before the Board upon a complaint fil.d

December 2, 1992 on behalf of the People Of the 

State

of

Illinois, by and through 

its

attorney, Polled V. 

Burris, Attorney

General of the State 

of Illinois, 

against SI Band Tool

Corporation located

in

Chicago, Cook Couflt~h1I1inOis. The

complaint alleges that

SR

Hand

Tool 

Corporation

has

violated

Section 

9(a) of the Illinois Environmental Protection Act

(“Act”), Ill. Rev. Stat. 1991, oh.

111¾, 

püs.-1009(a), and 

35

Ill. Adin. Code 215.301 of 

the Board’s 

rules md regulations.

Pursuant to Section 31(a) (1) of the Act, a~

joint 

Motion

requesting relief from the Act’s hearing

requirement was filed ~

the

parties on December 2, 1992. Notic.,of the waiver was

published by

the

Board

on

December

10, 1992; 

no objection to

grant 

the

waiver was received.

Waiver of 

hearing

is granted

by

the Board via, today’s opinion and order.

A

Stipulation and Settlement Agreea.ntivas filed by 

the

parties on December 2, 1992. The Stipulation sets 

forth

facts

pertaining to the nature, operations, and 

circumstances

surrounding the claimed violations.. SIC Hand Tool Corporation,

neither admits nor denies to

the violations. 

SR

Rand Tool

Corporation agrees to pay 

a

civil pnalty of Ten Thousand Dollara

($10,000.00).

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, 448 N.E.2d 639, 643 (5th Dist. 1986);

and Archer

Daniels Midland 

v.

Pollution Control Board, 140 Iii.

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

0138-03.13

and the Board’s pollution control regulations.

This opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The Board hereby accepts 

the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and SR Rand Tool Corporation, concerning its

operations located in Chicago, Cook County, Illinois.

The Stipulation and Settlement

Agreement are

incorporated by

reference as though fully 

set

forth

herein.

SE Hand Tool Corporation, shall pay the sum of Ten

Thousand Dollars ($10,000.00) wit)~in

30

days of

the

date of

this Order 

•

Such payment aunt 

be made by

certified check or money order

payable to the Treasurer

of the State of Illinois, designated to the

Environmental Protection

Trust Fund,’*nd 

most be

snt.

by First Class mail to:

Illinois

Environmental Protection 

Agency

Fiscal Services

Division

2200 Churchill Road

P.O. Box 19276

Springfield,~ IL 62794-9276

SR Hand, Tool Corporation, shall

also 

write its Federal

Employer Identification Number or Social S.cärity

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 2003 of

the

Illinois Income

Tax Act,

(Ill. Rev.

Stat. 

1991, oh. 120, par. 10-1003),

as now or hereafter

amended, 

from

the date

payment 

due until the date payment is reosivd.

Interest, shall

not accrue during the pendency of an

appeal during

which payment of

the

penalty has been stayed.

SE Hand Tool. Corporation shall cease

and

desist from

the

alleged violations.

S’~ction41 of the Environmeital protection Act

(Ill.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