ILLINOIS POLLUTION CONTROL
    BOARD
    January 21,
    1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    )
    V.
    )
    PCB
    92—189
    (Enforcement)
    FEDERAL
    PAPER
    BOARD
    COMPANY,
    )
    INC.
    a
    New
    York
    corporation,
    )
    and
    FIELD
    CONTAINER
    COMPANY,
    )
    L.P.,
    a
    Limited
    Partnership,
    )
    )
    Respondents.
    )
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board upon a complaint filed
    December 1, 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 Federal Paper
    Board Company,
    Inc. and Field Container Company, L.P.,
    located
    in.
    Marseilles, LaSalle County,
    Illinois.
    Th~complaintalleges that
    Federal Paper Board Company, Inc. and Field Container Company,
    L.P. have violated Special Conditions. 2(b), 3(a) and
    (b), 4,
    5
    and,
    6 of Permit #75050058,: Special Conditions 4(a) and
    (b),
    7
    and 8
    of
    Permit
    #7610040,
    Special
    Conditions
    3(a),
    3(b),
    .6,
    and
    ~
    of Permit #8109009, Section 9(a) and
    (b) of the Illinois Environ-
    mental Protection Aôt (“Act”), Ill. Rev. Stat.
    1991,
    ch.
    111k,
    pars.
    1009(a) and 1009(b), and 35 Ill.
    Adju. Code 201.141*of
    the
    Board’s rules and regulations.
    Pursuant to Section 31(a) (1) of the Act, a joint Motion
    requesting relief from the Act’s hearing requirement was filed by
    the
    parties
    on
    December
    1,
    1992..
    Notice
    of
    the
    waiver
    was
    published
    by
    the
    Board
    on
    December
    9,
    1992;
    no
    objection
    to
    grant
    of
    the
    waiver
    was
    received.
    Waiver
    of
    hearing
    is
    granted
    by
    the
    Board
    via
    today’s
    Opinion
    and Order.
    Federal Paper Board
    Company,
    Inc.
    and Field Container Company, L.P. denies the
    alleged
    violations.
    Federal
    Paper
    Board
    Company,
    Inc.
    and Field
    Container Company, L.P. agrees to pay a civil penalty of Twenty
    Two
    Thousand Dollars ($22,000.00).
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation.
    See,
    Chernetco.
    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
    I11.App.3d 823,
    489 N.E.2d 887
    (3rd Dist.
    1986).
    013C-01489
    2
    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.
    ORDER
    1)
    The
    Board
    hereby
    accepts
    the
    Stipulation
    and
    Settlement
    Agreement
    executed
    by
    the
    People
    of
    the
    State
    of
    Illinois and Federal Paper Board Company, Inc. and
    Field Container Company, L.P., concerning their
    operations located in Marseilles, LaSalle County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    Federal Paper Board Company, Inc. and Field Container
    Company, L.P. shall pay the sum of Twenty Two Thousand
    Dollars ($22,000.00) 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
    Federal Paper Board Company, Inc. and.Field Container
    Company,
    .
    L.P., 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,
    cb. 120, par. 10—1003),
    as now or hereafter ar’~nded,from the date of paymer~
    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)
    Federal Paper Board Company, Inc. and Field Container
    Company, LP., shall cease and desist from the alleged
    violations.
    OI38-U~9Ø
    3
    Section 41 of the Environmental Protection Act
    (Ill.Rev.Stat.
    1991,
    Ch Ill 1/2, 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.
    (But
    see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration,
    and Castenada v.
    Illinois Human Riahts Commission
    (1989), 132
    Ill. 2d 304,
    547 N.E.2d 437.)
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    I,
    Dorothy
    N.
    Gunn,
    Clerk
    of
    the
    Illinois Pollution Control
    Board, hereby certify that the a
    opinion and order was
    adopted on the
    ~
    day of
    ~
    ,
    1993,
    by a
    vote of
    $—/
    .
    (
    ~
    ~
    Dorothy
    N.
    $~nn,
    Clerk
    Illinois.
    P~lution
    Control
    Board

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