ILLINOIS POLLUTION CONTROL BOARD
    December 6,
    1991
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    )
    V.
    )
    PCB 91—150
    (Enforcement)
    WORLD’S ‘FINEST CHOCOLATE,
    INC.
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter
    comes
    before the Board upon a
    complaint filed
    August 21,
    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 World’s Finest Chocolate,
    Inc.
    a
    Delaware
    corporation,
    located
    in
    Chicago,
    Cook
    County,
    Illinois.
    The complaint alleges that World’s Finest Chocolate,
    Inc.
    a Delaware corporation has violated Section 9(a)
    and
    (b)
    of
    the Illinois Environmental Protection Act (“Act”), Ill. Rev. Stat.
    1989,
    ch. 111½, par.
    1009(a) and
    (b) and 35 Ill. Adm. Code 102.142
    and 201.143 of the Board’s rules and regulations.
    Pursuant to Ill.
    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 4,
    1991.
    Notice
    of the waiver was published by the BOard on September 26,
    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
    21,
    1991.
    The
    Stipulation
    sets
    forth
    facts
    pertaining to the nature, operations, and circumstances surrounding
    the claimed violations.
    World’s Finest Chocolate,
    Inc. admits to
    past violations of Section 9
    (a) and(b) of the Act and 35 Ill. Adm.
    Code
    201.142
    and
    201.143
    and agrees to pay
    a
    civil
    penalty
    of
    $4,000.00.
    World’s Finest Chocolate, 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.
    128—63
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of Illinois
    and
    World’s
    Finest
    Chocolates,
    Inc.,
    a
    Delaware
    corporation, concerning violations of Section
    9
    (a)
    and
    (b) of the Illinois Environmental Protection Act (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111½, pars.
    1009(a)
    and
    (b),
    and
    35
    Ill.
    Adin.
    Code
    Section
    201.142 and
    201.143 by
    World’s Finest Chocolates,
    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.)
    World’s Finest Chocolates,
    Inc. shall pay the sum of Four
    Thousand Dollars ($4,000.00) 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
    World’s
    Finest
    Chocolates,
    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 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.
    World’s Finest Chocolates,
    Inc.
    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.
    Board Members J.D. DumelIe and J. Theodore Meyer dissented.
    128—64
    I,
    Dorothy
    M.
    Gunri, Clerk of the Illinois Pollution Control
    Board, her~ycertify that ,4he above Opinion and Order was adopted
    on the
    .~-
    ~-
    day of
    (//
    ~
    ,
    1991, by ~ vote of
    Control Board
    128—65

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