ILLINOIS POLLUTION CONTROL BOARD
    December 3,
    1992
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 92—148
    (Enforcement)
    LEAF CONFECTIONERY,
    INC.,
    )
    an Illinois corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board upon a complaint filed
    October
    7,
    1992 on behalf of the People of the State of Illinois,
    by and through
    its attorney, Roland W.
    Burns, Attorney General
    of the State of Illinois, against Leaf Confectionery,
    Inc.
    located in Chicago, Cook County,
    Illinois.
    The complaint alleges
    that Leaf Confectionery,
    Inc. has violated Sections 9(a)
    and 9(b)
    of the Illinois Environmental Protection Act
    (‘Acttt),
    Ill.
    Rev.
    Stat.
    1991,
    ch.
    111½,
    pars.
    1009(a)
    and 1009(b),
    and 35
    Ill.
    Adrn.
    Code 201.142 and 201.143 of the Board’s rules and regulations.
    Pursuant to Section 31(a) (1)
    of the Act,
    a joint Motion
    requesting relief from the Act’s hearing requirement was filed by
    the parties
    on October
    7,
    1992.
    Notice of the waiver was
    published by the Board on October 22,
    1992;
    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 October
    7,
    1992.
    The Stipulation sets forth facts
    pertaining to the nature,
    operations,
    and circumstances
    surrounding the claimed violations.
    Leaf Confectionery,
    Inc.,
    admits to past violations of Sections 9(a)
    and 9(b)
    of the Act
    and
    35 Ill.
    Adm.
    Code 201.142 and 201.143 and agrees to pay a
    civil penalty of Four Thousand Dollars ($4,000.00).
    Leaf
    confectionery,
    Inc.
    further agrees to cease and desist from the
    alleged violations.
    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.
    8137-0557
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Leaf Confectionery,
    Inc.,
    concerning
    violations of Sections
    9(a)
    and 9(b)
    of the Illinois
    Environmental Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1991,
    ch.
    111½,
    pars.
    1009(a)
    and 1009(b), and
    35
    111.
    Adm.
    Code 201.142 and 201.143
    by Leaf Confectionery,
    Inc.’s operations located in Chicago,
    Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    Leaf Confectionery,
    Inc.
    ,
    shall pay the sum of Four
    Thousand Dollars
    ($4,000.00) within 30 days of the date
    of this Order.
    Such payment must 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 must 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
    Leaf Confectionery 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.
    1991,
    ch.
    120,
    par.
    10—1003),
    as now or hereafter amended,
    from the date 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)
    Leaf Confectionery,
    Inc.
    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.
    IT
    IS SO
    ORDERED.
    fl370556
    3
    I,
    Dorothy N.
    Gunn, Clerk of the Illii~oisPollution Control
    Board, hereby certify~that the abov.e Opinion ~nd Order was
    adopted on the
    ~
    day
    of
    __________________
    ,
    1992,
    by a
    vote of
    ~7~(
    //
    ~
    ~
    Dorothy M. p~nn, Cler~k
    Illinois Pojjution Control Board

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