ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v
    )
    PCB 93—91
    (Enforcement)
    FREE-FLOW PACKAGING CO.,
    )
    a Delaware 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 Free-Flow
    Packaging Co., a Delaware Corporation located in Thornton, Cook
    County, Illinois. The complaint alleges that Free-Flow Packaging
    Co. has violated Sections 9(a) and (b) of the Environmental
    Protection Act (“Act”),
    415
    ILCS 5/9(a) and 5/9(b) (1992), and 35
    Ill. Adm. Code 201.142 and 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 25, 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. Free—Flow Packaging Co. neither admits
    nor denies the alleged violations. Free—Flow Packaging Co.
    agrees to pay a civil penalty of Five Thousand Dollars
    ($5,000.00).
    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.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,
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    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 Free—Flow Packaging Co., concerning
    its operations located in Thornton, Cook County,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2. The Free—Flow Packaging Co. shall pay the sum of Five
    Thousand Dollars ($5,000.00) 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
    Free-Flow Packaging Co. 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. Free-Flow Packaging Co. 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
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    101.246, Motion for Reconsideration.)
    Board Member Meyer dissented.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif that the abov opinion and order was
    adopted on the 1
    day of
    ___________________,
    1993, by a
    vote of ~
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    Dorothy M. G,u7~1n, Clerk
    Illinois Po~ution Control Board
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