ILLINOIS POLLUTION CONTROL BOARD
    August
    8, 1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 90—61
    (Enforcement)
    )
    DTJRACO, INC.,
    a Delawa~e-corporation,
    )
    Respondent.
    JOSEPH WILLIAMS
    AND
    JOSEPH ANNUNZIO APPEARED ON BEHALF OF THE
    COMPLAINANT.
    HARVEY
    SHELDON
    AND
    TANERA
    STEWART
    APPEARED
    ON
    BEHALF
    OF
    THE
    RESPONDENT.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by J.C. Marlin):
    This
    matter
    comes
    before the Board upon a complaint filed
    April
    17,
    1990 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Neil F.
    Hartigan,
    Attorney General of the State of Illinois, against Duraco,
    Inc.
    (“Duraco”),
    located in Chicago, Illinois.
    The complaint alleges
    that Duraco has violated Sections 9(a) and
    (b) of the Illinois
    Environmental Protection Act (“Act”), Ill.
    Rev. Stat.
    1989,
    ch.
    111½, pars.
    1001,
    et.
    seq.,
    and 35 Ill.
    Adni.
    Code 201.143 and
    215.204 of the
    Board’s rules and regulations.
    Hearing on this matter was held November 29,
    1990 in Chicago
    Illinois.
    At hearing, the parties submitted a Stipulation and
    Settlement Agreement, executed by the parties.
    Duraco neither
    admits nor denies the alleged violations.
    Duraco agrees to pay a
    civil penalty of four thousand dollars ($4,000).
    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 NE.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.
    125—03
    2
    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 Duraco,
    Inc.,
    concerning Duraco,
    Inc.’s
    operations located in Chicago, Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.)
    Duraco,
    Inc.
    shall pay the sum of four thousand dollars
    ($4,000) 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
    Duraco,
    Inc.
    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.
    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. Thedore Meyer dissented.
    J.D. Dumelle concurred.
    125—04
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby cert~,~-thatthe abov~Opinionand Order was
    adopted on ~the
    X
    ‘~
    day of
    ~
    ,
    1991, by a
    voteof
    ~‘/
    .
    7óz~1
    A
    Dorothy M. G~4n,Clerk
    Illinois Pol~4itionControl Board
    125—05

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