ILLINOIS POLLUTION CONTROL BOARD
    April 9, 1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 92—24
    )
    (Enforcement)
    NODINE MANUFACTURING COMPANY,
    )
    a Wisconsin corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J.C. Marlin):
    This matter comes before the Board upon a complaint filed
    February 11, 1992 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 Modine
    Manufacturing Comp&ny, a Wisconsin Corporation near Ringwood,
    McHenry County, Illinois. The complaint alleges that Modine
    Manufacturing Company has violated Section 9(a) and (b) of the
    Illinois Environmental Protection Act (“Act”), Ill. Rev. Stat.
    1991, ch. 111 1/2, par. 1009(a) and (b), 35 Ill. Adm. Code
    212.321, 215.204(j) (3) and 201.143 of the Board’s rules and
    regulations, and Condition #2a of permit
    #
    73020677.
    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 11,
    1992. Notice of the waiver was published by the Board on March
    30, 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 February 11, 1992. The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrou~nding
    the claimed violations. Modine Manufacturing Company neither
    admits nor denies the alleged violations. Modine Manufacturing
    Company agrees to pay a civil penalty of Twenty Thousand Dollars
    ($20,000.00).
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not toa 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).
    132—129
    2
    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.
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and the Modine Manufacturing Company,
    concerning its operations located near Ringwood,
    McHenry County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) The Modine Manufacturing Company shall pay the sum of
    Twenty Thousand Dollars ($20,000.00) 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 oflllinois, designated to the
    Environmental Protection Trust Fund, and shall be sent
    by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Divisjon
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    Modine Manufacturing 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 thetiine 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) Modine Manufacturing 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
    132— 130
    3
    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted pn the ~
    day of
    __________________,
    1992, by a
    voteof ~‘/
    .
    /
    ~Dorothy M. ~
    Clerk
    Illinois Po~JutionControl Board
    132—13 1

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