ILLINOIS POLLUTION CONTROL BOARD
    April
    9,
    1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 91—255
    (Enforcement)
    SEARS, ROEBUCK and COMPANY a
    )
    New York corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.C. 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 Sears,
    Roebuck and Company located in Chicago, Cook County,
    Illinois.
    The complaint alleges that Sears,
    Roebuck and 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 and 2.01.143 of the
    Board’s rules and regulations.
    Pursuant to Ill. Rev. Stat.
    1991,
    ch.
    111 1/2,
    par.
    103l(a)(1),
    a joint Motion requesting relief from the Act’s
    hearing requirement was filed by the parties on February 19,
    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 December 23,
    1991.
    The Stipulation sets forth facts
    pertaining to the nature,
    operations, and circumstances
    surrounding the claimed violations.
    Sears, Roebuck and Company,
    admits to past violations of Sections 9
    (a) and
    (b)
    of the Act
    and 35 Ill.
    Adm. Code 201.142 and 201.143 and agrees to pay a
    civil penalty of Four Thousand Dollars ($4,000.00).
    Sears,
    Roebuck and Company further agrees to cease and desist
    froim the
    alleged violations.
    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.
    132— 123
    2
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Sears, Roebuck and 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 Iii.
    Adm.
    Code 201.142 and 201.143 by Sears, Roebuck and
    Company’s operations located in Chicago, Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    Sears,
    RoelDuck and Company shall pay the sum of Four
    Thousand Dollars
    ($4,000.00) 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 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
    Sears, Roebuck and 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.
    Sears, Roebuck and 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—124
    3
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abo)çe opinion and order was
    adopted on the
    ~
    day of ______________________,
    1992, by a
    vote of
    (~~/
    .
    A1
    Dorothy N. ,~inn, Cler”k
    Illinois P~2lutionControl Board
    132—125

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