ILLINOIS POLLUTION CONTROL BOARD
    August 13,
    1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    PCB 90—63
    (Enforcement)
    CITY OF EAST MOLINE,
    )
    Respondent.
    PAMELA M.
    CIARROCCHI, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF COMPLAINANT;
    WILLIAM PHARES,
    PHARES
    & CHICKRIS,
    APPEARED ON BEHALF OF
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter comes before the Board upon
    a complaint filed
    April
    18,
    1990 on behalf of the Illinois Environmental Protection
    Agency (Agency),
    by and through its attorney, Roland W. Burns,
    Attorney General of the State of Illinois, against the City of
    East Moline,
    located in Rock Island County,
    Illinois
    (East
    Moline).
    The complaint alleges that East Noline has violated
    Section 12(a)
    of the Illinois Environmental Protection Act (Act),
    Ill. Rev.
    Stat.
    1991,
    ch.
    111 1/2, par.
    1012(a), and 35 Ill. Adm.
    Code 304.105 of the Board’s rules and regulations.
    A hearing was held on July 14,
    1992 in Rock Island,
    Illinois. The parties presented a Stipulation and Proposal for
    Settlement
    (Settlement Agreement)
    at hearing.
    The Settlement Agreement sets forth facts relating to
    the
    nature,
    operations and circumstances surrounding the claimed
    violations.
    East Moline neither admits nor denies the alleged
    violations.
    East Moline agrees to pay a civil penalty of seven
    thousand five hundred dollars
    ($7,500)’.
    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,
    The Board notes that the Settlement Agreement also
    discusses the adjusted standard petition by East Moline currently
    pending before the Board, AS 90-9.
    We have reviewed the
    Settlement Agreement and believe that it does not prejudge the
    outcome on the adjusted standard request.
    0135-0261
    2
    643; and Archer Daniels Midland v. Pollution Control Board
    (3rd
    Dist.
    1986),
    140 Ill.App.3d 823, 489 N.E.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.
    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 Proposal
    for Settlement executed by the Illinois Environmental
    Protection Agency and the City of East Moline,
    concerning its operations
    located
    in Rock Island
    County,
    Illinois.
    The Stipulation and Proposal for
    Settlement are incorporated by reference as though
    fully set forth herein.
    2)
    The City of East Noline 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
    The City of East Moline 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.
    1991,
    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)
    The City of East Moline shall cease and desist from the
    alleged
    violations.
    0135-0262
    3
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1991,
    ch. l1l~,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.)
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi~ythat the abov~opinion and order was
    adopted on the
    /5LL
    day of
    __________________,
    1992,
    by
    a
    vote of
    7-c2
    .
    4~J
    Dorothy M. 9~nn,Clerk
    Illinois Pq)(lution Control Board
    0135-0263

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