ILLINOIS POLLUTION CONTROL BOARD
    August
    8,
    1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 90—152
    (Enforcement;
    )
    PANHANDLE
    EASTERN
    PIPELINE
    COMPANY,’
    a-Delaware
    corporation,
    )
    Respondent.
    JOHN J. KIM APPEARED ON
    BEHALF
    OF THE COMPLAINANT.
    PHILLIP
    DEUSCH
    APPEARED
    ON
    BEHALF
    OF
    THE
    RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes
    before
    the
    Board upon
    a
    complaint filed
    August
    8,
    1990 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
    Panhandle
    Eastern
    Pipeline Company (“Panhandle”), located in Tuscola, Douglas County,
    Illinois.
    The
    complaint
    alleges
    that
    Panhandle
    has
    violated
    Section 9(b) of the Illinois Environmental Protection Act (“Act”),
    Ill.
    Rev. Stat.
    1989,
    ch.
    111½,
    pars.
    1001,
    et.
    sea.
    and 35 Ill.
    Adm. Code 201.142 and 201.143 of the Board’s rules and regulations.
    Hearings on this matter were held October 15,
    1990 and July
    15,
    1991
    in Tuscola,
    Douglas
    County,
    Illinois.
    At hearing,
    the
    parties submitted a Stipulation and Settlement Agreement, executed
    by the parties.
    The Stipulation sets forth facts pertaining to the
    nature,
    operations,
    and
    circumstances
    surrounding
    the
    claimed
    violations.
    Panhandle admits to past violations of Section 9(b)
    of the Act and 35 Ill. Adm. Code 201.144 and agrees to pay a civil
    penalty
    of
    five
    thousand
    dollars
    ($5,000).
    Panhandle
    further
    agrees to cease and desist from the alleged violations.
    The Board finds the Settlement Agreement acceptable under 35
    Ill.
    Adin.
    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.
    125—13
    2
    ORDER
    1.)
    TheBoard hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of Illinois
    and
    Panhandle
    Eastern
    Pipeline
    Company,
    concerning
    violations of Section 9(b) of the Act and 35 Ill. Adm.
    Code Sections 201.142 and 201.143 by Panhandle Eastern
    Pipeline Company’s operations located in Tuscola, Douglas
    County.
    The Stipulation and Settlement Agreement are
    incorporated by
    reference
    as
    though
    fully
    set
    forth
    herein.
    2.)
    Panhandle Eastern Pipeline Company shall pay the sum of
    five thousand dollars ($5,000) within 30 days of the date
    of t~is 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
    Panhandle Eastern Pipeline Company 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. Theodore Meyer dissented.
    J.D. Dumelle concurred.
    125—14
    3
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereb
    ertify that th~e~above
    Opinion and Order was adopted
    o
    the
    ______
    day of
    ~
    ,
    1991,
    by a vote of
    —
    -I
    .
    ~
    Dorothy M. ~hn,
    C1erk~
    Illinois Po~tutionControl Board
    125—15

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