ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 93—95
    (Enforcement)
    CITY OF SANDWICH, ILLINOIS,
    )
    an Illinois municipal
    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, by
    and through its attorney, Roland W. Burns, Attorney General of
    the State of Illinois, against the City of Sandwich, located in
    DeKalb County, Illinois. The complaint alleges that the City of
    Sandwich has violated Section 12(b) of the Environmental
    Protection Act (“Acttt), 415 ILCS 5/12(b) (1992), and, 35 Ill.
    Adm. Code 309.202(a) 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 24, 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
    pertaining to the nature, operations, and circumstances
    surrounding the claimed violation. The City of Sandwich, admits
    to past violations of Section 12(b) of the Act, 415 ILCS 5/12(b)
    (1992), and, 35 Ill. Adm. Code 309.202(a), and agrees to pay a
    civil penalty of One Thousand Dollars ($1,000.00). The City of
    Sandwich 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.
    I ~3-O22I
    2
    ORDER
    1. The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and the City of Sandwich, concerning
    violations of Section 12(b) of the Act, 415 ILCS
    5/12(b) (1992), and, 35 Ill. Adm. Code 309.202(a), by
    the City of Sandwich, located in DeKalb County,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2. The City of Sandwich, shall pay the sum of One Thousand
    Dollars ($1,000.00) 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
    The City of Sandwich, shall also write its Federal
    Employer’s 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 5/1003 of the Illinois Income
    Tax Act, (35 ILCS 5/1003 (1992)), 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. The City of Sandwich 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 Iii. Adm. Code
    101.246, Motion for Reconsideration.)
    Board Member Meyer dissented.
    Di L~.3—UJ222
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~y~thatthe abov opinion and order was
    adopted op the
    /7~
    day of
    _________________,
    1993, by a
    vote of
    ~
    Dorothy N.
    Illinois
    Control Board
    U~
    —

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