ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1993
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 93—88
    (Enforcement)
    RUSSELL, BURDSALL & WARD
    CORPORATION,
    a foreign corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by C. A. Manning):
    This matter comes before the Board upon a complaint filed
    May 10, 1993, 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 Russell,
    Burdsall & Ward Corporation, a foreign corporation located in
    Rock Falls, Whiteside County, Illinois. The complaint alleges
    that Russell, Burdsall & Ward Corp. has violated Section 9(b) of
    the Environmental Protection Act (“Act”), 415 ILCS 5/9(b) (1992),
    and 35 Ill. Adm. Code 201.143 of the Board’s 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 May 10, 1993. Notice of the waiver was published
    by the Board on May 23, 1993; 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 May 10, 1993. The Stipulation sets forth facts
    relating to the nature, operations and circumstances surrounding
    the claimed violations. Russell, Burdsall & Ward Corp. neither
    admits nor denies the alleged violations. Russell, Burdsall &
    Ward Corp. agrees to pay a civil penalty of Seven Thousand Five
    Hundred Dollars ($7,500.00).
    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 N.E.2c1 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. Adni. Code 103.180. This Settlement Agreement in no way
    affects respondent’s responsibility to comply with any federal,
    U ~uu~.ub
    2
    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 People of the State of
    Illinois and the Russell, Burdsall & Ward Corporation,
    concerning its operations located in Rock Falls,
    Whiteside County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2. The Russell, Burdsall & Ward Corporation shall pay the
    sum of Seven Thousand Five Hundred Dollars ($7,500.00)
    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
    Russell, Burdsall & Ward Corporation 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, (35 ICLS 5/101 et seq. (1992)), 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.
    3. Russell, Burdsall & Ward Corporation shall cease and
    desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act, (415 ILCS
    5/41 (1992)), provides for appeal of final orders of the Board
    within 35 days. The Rules of the Supreme Court of Illinois
    establish filing requirements. (See also 35 Ill. Adm. Code
    01 L~.3-Q2O6
    3
    101.246, Motion for Reconsideration.)
    Board Member Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~..thatthe abov opinion and order was
    adopted on the //~day of
    ________________,
    1993, by a
    vote of
    _______.
    7
    ,~
    Dorothy M.,~nn, Clerk
    Illinois P~Dlution Control Board
    01
    ‘.~.3-O2O7

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