ILLINOIS POLLUTION CONTROL BOARD
    September 12,
    1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 86—56
    (Enforcement)
    TRILLA STEEL DRUM CORPORATION,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by B. Forcade):
    This matter comes to the Board on remand from Trilla Steel
    Drum Corporation v. The Pollution Control Board,
    180 Ill. App.
    3d
    1010, 536 N.E. 2d 788,
    129 Ill.
    Dec. 738
    (1989).
    On March 13,
    1989,
    the First District issued an Opinion and on November 14,
    1989,
    the Board received the Mandate in this matter.
    That
    decision by the First District reversed the Board’s penalty
    determination and, “...r)emanded
    for consideration of an
    appropriate penalty as warranted by the circumstances of this
    case.”
    The Board set this matter for hearing to determine the
    appropriate penalty.
    Hearing was held June 21,
    1991; the
    transcript was filed August 30, 1991.
    On August 16,
    1991, the
    parties filed
    a stipulation and proposal for settlement, which
    was discussed at hearing.
    The Stipulation sets forth a stipulation of material facts
    pertaining to the history of this proceeding and the nature of
    respondent’s activities.
    Trilla agrees to pay a penalty of Three
    Thousand Dollars
    ($3,000.00) payable to the Treasurer of the
    State of Illinois, designated to the Environmental Protection
    Trust Fund.
    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 Illinois Environmental Protection
    Agency)
    and Trilla Steel Drum Corporation, concerning violations
    of Section 9(b)
    of the Act and 35 Ill. Adm. Code 201.141 by
    Trilla’s operations located in Chicago,
    Illinois.
    The
    126—05
    2
    Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2.) Trilla shall pay the sum of Three Thousand Dollars
    ($3,000.00) 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:
    Ill’inois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    Trilla shall also write its Federal Employer Identification
    Number or Social Security Number on the certified check or money
    order.
    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.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the aboye Opinion and Order was
    adopted on the
    /~?~~i
    day of
    ZL~i~’
    ,
    1991, by a
    voteof
    7—~
    .
    Dorothy M~4inn, Clerk
    Illinois
    o~llutionControl Board
    126—06

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