ILLINOIS POLLUTION CONTROL BOARD
    March 26,
    1992
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 91—129
    (Enforcement)
    )
    CITY OF ~LOONINGTON,
    )
    an Illinois Municipal
    )
    Corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board upon
    a complaint filed
    July 26,
    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 the City of
    Bloomington,
    an Illinois Municipal Corporation, located in
    Bloomington,
    Illinois.
    The complaint alleges that the City of
    Bloomington has violated Sections 18(a)
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111 1/2, par. 1018(a)) and 35 Ill.
    Adju.
    Code Sections
    601.101,
    602.101, 653.102 and 653.801 of the Board’s rules and
    regulations.
    Pursuant to Ill. Rev.
    Stat.,
    1991 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 September 4,
    1991.
    Notice of the waiver was published by the Board on
    September 24,
    1991; 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 Proposal for Settlement was filed by the
    parties on July 26,
    1991.
    The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations.
    The City of Bloomington neither admits
    nor denies the alleged violations.
    .The City of Bloomington
    agrees to pay a civil penalty of Five Thousand Five Hundred
    Dollars
    ($5,500.00).
    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).
    13 1—485
    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.
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Proposal
    for Settlement executed by the People of the State of
    Illinois and the City of Bloomington, concerning its
    operations located in Bloomington, Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.)
    The City of Bloomington shall pay the sum of Five
    Thousand Five Hundred Dollars
    ($5,500.00) 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 C1ass~mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    The City of Bloomington 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 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.
    The City of Bloomington 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.
    131—486
    3
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby c~r~i~y~that
    the above Opinion and Order was
    adopted on the~
    ~
    day of
    ______________________,
    1992, by
    a vote of
    /—o
    Dorothy N. ,~tinn, Clerk
    Illinois PäXlution Control Board
    131—487

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