ILLINOIS POLLUTION CONTROL BOARD
January 9, 1992
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v
)
PCB 90—184
(Enforcement)
HOPPER PAPER DIVISION, GEORGIA
PACIFIC CORPORATION, a foreign
corporation, and TAYLORVILLE
SANITARY’ DISTRICT, a municipal
corporation,
Respondents.
JAMES L. MORGAN APPEARED ON BEHALF OF THE COMPLAINANT.
RONALD T. ALLEN APPEARED ON BEHALF OF THE RESPONDENT, HOPPER
PAPER DIVISION.
ROBERT BROVERMAN APPEARED ON BEHALF OF THE RESPONDENT,
TAYLORVILLE SANITARY DISTRICT.
OPINION
AND
ORDER OF THE BOARD (by
J.C.
Marlin)
This matter comes before the Board upon a complaint filed
October 10, 1990 on behalf of the Illinois Environmental
Protection Agency (“Agency”), by and through its attorney, Roland
W. Burns, Attorney General of the S?ate of Illinois, against
Hooper Paper Division, Georgia Pacific Corporation, a foreign
corporation, and against Taylorville Sanitary District, located
in Taylorville, Christian County, Illinois. The complaint
alleges that Hopper Paper Division has violated Sections 12(a),
(f) and (h) of the Illinois Environmental Protection Act (“Act”),
Ill. Rev. Stat. 1989, ch. 111½, pars. 1001, et. seq., and 35 Ill.
Adm. Code 306.102, 310.202, 307.llOl(a),(b)(2), (3) and (4),
310.211, 310.201(a) and 307.1101(b) (10) of theBoard’s rules and
regulations. As against Taylorville Sanitary District, the
complaint alleges that respondent violated Section 12(f) of the
Act and 35 Ill. Adm. Code 310.210(a).
On October 2, 1991 the parties submitted a Stipulation and
Settlement Agreement and a Partial Stipulation and Settlement
Agreement, executed by the parties. Hopper Paper. Company denies
the alleged violations. Hopper Paper Company agrees to pay a
civil penalty of Thirty Five Thousand Dollars ($35,000.00).
Taylorville Sanitary District admits to past violations of
Section 12(f) of the Act and 35 Ill. Adm. Code 310.210(a) and
agreees to pay a civil penalty of One Thousand Dollars
($1,000.00). Taylorville Sanitary District further agrees to
cease and desist from the alleged violations.
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2
The Board has authority to impose a penalty where a party
has 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.2d 887 (3rd Dist. 1986).
The Board finds the Settlement Agreement acceptable under 35
Ill. Adm. Code 103.180. This Settlement Agreement in no way
affects respondents’ responsibilities 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 Illinois Environmental
Protection Agency and Hopper Paper Division, Georgia
Pacific Corporation, a foreign corporation, concerning
its operations in Christian County, Illinois and
Taylorville Sanitary District concerning its operations
located in Christian County, Illinois. The Stipulation
and Settlement Agreement and Partial Stipulation and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2..) Hopper Paper Division, Georgia Pacific Corporation
shall pay the sum of Thirty Five Thousand Dollars
($35,000.00) 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
Hopper Paper Division, Georgia Pacific Corporation
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
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3
appeal during which payment of the penalty has been
stayed.
3. Hopper Paper Division, Georgia Pacific Corporation
shall cease and desist from the alleged violations.
4. Taylorville Sanitary District shall pay the sum of One
Thousand Dollars ($1,000.00) 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
Taylorville Sanitary District 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.
5. Taylorville Sanitary District shall cease and desist
from the alleged violations.
Section 41 of the Environmental Protection Act, Ill. Rev.
Stat. 1987, 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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the a~ve Opinion and Order was
adopted on the
‘9~
day of
vote of
~
1992, by a
Clerk
lution Control Board
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