ILLINOIS POLLUTION CONTROL
    BOARD
    November 21,
    1991
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 91—151
    )
    (Enforcement)
    UNITED STATES DEPARTMENT OF
    )
    THE NAVY
    )
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board upon a complaint filed
    August 23,
    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 United States
    Department of the Navy,
    located in Glenview, Cook County,
    Illinois.
    The complaint alleges that the United States
    Department of the Navy has violated Section 9(b) of the Illinois
    Environmental Protection Act
    (“Act”),
    Ill.
    Rev. Stat.
    1989,
    ch.
    111½, par. 1009(b), and 35 Ill. Adm. Code 201.143 of the Board’s
    rules and regulations.
    Pursuant to Il1.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 September 24,
    1991.
    Notice of the waiver was published by the Board on October
    3,
    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 Settlement Agreement was filed by the
    parties on August 23,
    1991.
    The Stipulation sets forth facts
    relating to the nature, operations and circumstnaces surrou,nding
    the claimed violations.
    The United States Department of the Navy
    neither admits nor denies the alleged violations.
    The United
    States Department of the Navy agrees to pay a civil penalty of
    One Thousand Dollars ($1,000.00).
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation.
    See,
    Cheinetco,
    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).
    127—213
    2
    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 Settlement
    Agreement executed by the People of the State of
    Illinois and the United States Department of the Navy,
    concerning its operations located in Glenview,
    Illinois, Naval Air Station.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2.)
    The United States Department of the Navy 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
    The United States Department of the Navy 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.
    127—2 14
    3
    3.)
    The United States Department of the Navy 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.
    J. ~TheodoreMeyer dissented.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the abqs~e7Opinionand Order was
    adopted on_the
    ~
    day of
    __________________,
    1991, by a
    vote of
    ~-7
    .
    C
    erk
    Control Board
    12
    7—2 15

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