ILLINOIS POLLUTION CONTROL BOARD
    February 6,
    1992
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and
    )
    THE PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainants,
    )
    v
    )
    PCB 86—160
    (Enforcement).
    FITZ-MAR,
    INC.
    )
    Respondent.
    MICHAEL K.
    FRANKLIN
    AND
    BARBARA
    KLEIN APPEARED ON BEHALF OF
    COMPLAINANTS, AND
    JOHN
    F. FENNIG AND THOMAS
    J.
    MURPHY APPEARED ON BEHALF OF
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board upon a complaint filed
    September 30,
    1986,
    on behalf of the Illinois Environmental
    Protection Agency
    (“Agency”) and the People of the State of
    Illinois (“People”), by and through their attorneys,
    the State’s
    Attorney of Cook County and the Attorney General
    of the State of
    Illinois,
    against Fitz—Mar,
    Inc.
    (“Fitz—Mar”), located
    in the
    City of Chicago Heights, Cook County,
    Illinois.
    The complaint
    alleges that Fitz—Mar has violated Sections 9(a),
    12(a),
    12(f),
    and 21(d) (2)
    of the Illinois Environmental Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111½,
    pars.
    1001,
    ~
    ~g.,
    and
    35
    Iii.
    Adm.
    Code 807.202(b) (1),
    807.301, 807.302,
    807.304,
    807.313,
    807.314(e)
    of the Board’s rules and regulations.
    On October 20,
    1986, the Hearing Officer
    in this matter
    filed a hearing officer scheduling order scheduling hearing for
    December 16,
    1986.
    On November 5,
    1986, the Hearing Officer
    entered another scheduling order continuing the December 16, 1986
    hearing to January 21,
    1987.
    On December 19,
    1986,
    the Board
    received a hearing officer order cancelling the January 21,
    1987
    hearing and continuing the case.
    On May 26,
    1987,
    Fitz-Mar filed
    a motion to dismiss with the Board.
    The Agency and the People
    filed their response to the motion on June 10,
    1987.
    On July 13,
    1987, the Board entered an order denying Fitz Mar’s motion to
    dismiss.
    On August 17, September 17, and October 23,
    1987, the
    Hearing Officer issued three Orders continuing the case and
    scheduling additional status conferences.
    On July 25,
    1988,
    the
    Hearing Officer continued this matter indefinitely pending the
    130—15

    2
    issuance of an Appellate Court decision in related litigation in
    the First District Appellate Court.
    On June 21, September 6,
    October 12, November 20, and December 11,
    1990, the Hearing
    Officer filed hearing officer orders with the Board which
    detailed the results of several status conferences and scheduled
    of additional status conferences.
    Finally, On April 19,
    1991,
    the Hearing Officer issued a scheduling order scheduling hearing
    for June 28,
    1991.
    At that hearing, the parties stated on the record
    that they
    had readhed a settlement agreement, but were awaiting signatures
    and final approval of the agreement.~ Because the parties
    anticipated submission of the fully executed agreement within two
    to four weeks of the hearing, the Hearing Officer stated that the
    parties should submit the agreement on or before August 12,
    1991.
    Because the parties did not submit the agreement by August 12,
    1991, the Board issued an order on September 12,
    1991,
    stating
    that
    it would set the matter for hearing if the parties did not
    file the executed stipulation and proposal for settlement on or
    before September 24,
    1991.
    On October 10,
    1991,
    in response to
    the State’s Attorney’s request for additional time in which to
    submit the executed stipulation and proposal for settlement,
    the
    Board issued a second order directing the Hearing Officer to set
    the matter for hearing on the merits by November
    11,
    1991,
    and to
    conclude all such hearings no later than December 15,
    1991.
    A second hearing on this matter was held December 12,
    1991,
    in Chicago,
    Illinois.
    At the hearing, the parties submitted an.
    amended Stipulation and Settlement Agreement, executed by the
    parties.
    Fitz—Mar denies the alleged violations.
    Fitz-Mar
    agrees to pay a civil penalty of ten thousand dollars
    ($10,000.00).
    At the hearing, the Hearing Officer also asked the
    parties to provide the Board with an explanation for the delay in
    this case.
    (R.
    28—29).
    In response, the attorneys representing
    the Agency and the People explained that more time was needed to
    obtain the necessary approval as well as a consensus on the
    agreement itself in light of the fact that both the Attorney
    General’s Office and the States Attorney’s Office acted as co-
    counsel in representing two complainants.
    (R. 30).
    The
    attorneys also mentioned several issues surrounding the case,
    such as the Appellate court case, that may have caused the delay.
    (R.
    30—31,
    32—34)
    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,
    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.2c1 887
    (3rd Dist.
    1986).
    The Board finds the Settlement Agreement acceptable under 35
    Ill. Adm. Code 103.180.
    This Settlement Agreement in no way
    130—16

    3
    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 thi.s matter.
    ORDER
    1.
    The! Board hereby accepts the Stipulation and Settlement
    Agreement executed by the Illinois Environmental Protection
    Agency and the People of the State of Illinois and Fitz-Nar,
    Inc.,
    concerning Fitz—Mar’s operations located in The City
    of Chicago Heights, Cook County,
    Illinois.
    The Stipulation
    and Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2.
    Fitz-Nar, Inc. shall pay the sum of ten thousand dollars
    ($10,000.00) 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
    Fitz-Mar,
    Inc.
    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.
    1989,
    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.
    Fitz—Mar shall cease and desist from the alleged violations.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    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.
    130— 17

    4
    Board Member J. Theodore Meyer dissented.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cert~ythat the abo~’Opinion and Order was
    adopted on the
    ~‘
    ~
    day of
    voteof
    ~.~5—/
    1992,
    by a
    Control Board
    130— 18

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