ILLINOIS POLLUTION CONTROL BOARD
    January
    9,
    1992
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 91—225
    (Enforcement)
    DART CONTAINER CORPORATION OF
    )
    ILLINOIS,
    a Michigan
    )
    corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board upon a complaint filed
    November
    18, 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 Dart
    Container Corporation of Illinois,
    lOcated in North Aurora,
    Kane
    County,
    Illinois.
    The complaint alleges that Dart Container
    Corporation of Illinois has violated Section 9(a)
    and
    (b)
    of the
    Illinois Environmental Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch.
    111½,
    pars.
    1001,
    et.
    seq., and 35 Iii. Adm.
    Code
    201.141, 201.142 and 201.143 of the Board’s rules and
    regulations.
    Pursuant to Ill.Rev.Stat.,
    1990 Supp.,
    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 November
    18,
    1991.
    Notice of the waiver was published by the Board on
    November 27,
    1991;
    no objection to grant of the waiver was
    received.
    Waiver of hearing is granted by the Board via today’s
    Opinion and Order.
    Dart Container Corporation denies the alleged
    violations.
    Dart Container agrees to pay a civil penalty of Ten
    Thousand Dollars
    ($10,000.00).
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation.
    See,
    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 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.
    129—87
    2
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Dart Container Corporation, concerning
    their operations located in North Aurora, Kane County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    Dart container Corporation 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
    Dart Container 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
    appeal during which payment of the penalty has been
    stayed.
    3.
    Dart Container Corporation 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.
    129—88
    3
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the a~oyeOpinion and Order was
    adopted on the
    ~
    day of
    ~
    ,
    1992,
    by a
    vote of
    ~
    .
    1/
    V
    Control Board
    129—89

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