ILLINOIS POLLUTION CONTROL BOARD
    April 9, 1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 91—254
    (Enforcement)
    ACME PRINTING INK COMPANY, a
    )
    Delaware corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by JC. Marlin):
    This matter comes before the Board upon a complaint filed
    December 23, 1991 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 Acme
    Printing Ink Company located in West Chicago, DuPage County,
    Illinois. The complaint alleges that Acme Printing Ink Company
    has violated Sections 9(a) and (b) of the Illinois Environmental
    Protection Act (“Act”), Ill. Rev. Stat. 1991, ch. 111½, pars.
    1009(a) and (b) and 35 Ill. Adm. Code 201.142 of the Board’s
    rules and regulations.
    Pursuant to Ill. Rev. Stat. 1991, ch. 111 1/2, par.
    1031(a) (1), a joint Motion requesting relief from the Act’s
    hearing requirement was filed by the parties on February 27,
    1992. Notice of the waiver was published by the Board on April
    3, 1992; 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 December 23, 1991. The Stipulation sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violations. Acme Printing Ink Company,
    admits to past violations of Sections 9 (a) and (b) of the Act
    and 35 Iii. Adm. Code 201.142 and agrees to pay a civil penalty
    of Seventeen Thousand Five Hundred Dollars ($17,500.00). Acme
    Printing Ink Company further agrees to cease and desist frqm the
    alleged violations.
    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.
    132—117
    2
    ORDER
    1.) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Acme Printing Ink Company, concerning
    violations of Sections 9(a) and (b) of the Illinois
    Environmental Protection Act (“Act”), Ill. Rev. Stat.
    1991, ch. 111½, pars. 1009(a) and (b), and 35 Ill. Adin.
    Code 201.142 by Acme Printing Ink Company’s, operations
    located in West Chicago, DuPage County, Illinois. The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.) Acme Printing Ink Company 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 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
    Acme Printing Ink 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, (Ill. Rev. Stat. 1991, ch. 120, par. 10—1003)
    as now or hereafter amended, from the date 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. Acme Printing Ink Company shall cease and desist from
    the alleged violations.
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat. 1991, ch. 111½, 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.
    IT IS SO ORDERED.
    J. Theodore Meyer dissented.
    132—118
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the ~ day of ______________________, 1992,
    byavoteof ~
    .
    1/
    ~
    Dorothy M. ,~‘unn, Clerk
    Illinois ~1lution Control Board
    13
    2—119

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