ILLINOIS POLLUTION CONTROL BOARD

June 17, 1993

PEOPLE OF THE STATE OF ILLINOIS,)

Complainant,

PCB 93—96

)

(Enforcement)

ASHLAND PRODUCTS, INC.,     

)

an Illinois 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 Ashland Products, Inc., located

in Chicago, Cook County, Illinois. The complaint alleges that

Ashland Products, Inc. has violated Section 21(1) of the Environ-

mental Protection Act (“Act”), 415 ILCS 5/21(i) (1992), and 35

Ill. Adm. Code 722.141(a) of the Board’s regulations.

Pursuant to Section 31(a) (1) of the Act, a joint Notion

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.

The parties have submitted a Stipulation and Settlement

Agreement, executed by the parties. Ashland Products, Inc.

denies the past alleged violations but agrees to cease and desist

from future violations of Section 21(i) of the Act and 35 Ill.

Adm. Code 722.141(a). Ashland Products, inc. agrees to pay a

civil penalty of Fourteen Thousand Dollars ($14,000.00).

The Board has authority to impose a penalty where the

parties have stipulated to a penalty, but not to a finding of

violation. See, Cheinetco, 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,

state or local regulations, including but not limited to the Act

and the Board’s pollution control regulations.

2

This Opinion constitutes t~eBoard’s findings of fact and

conclusions of law in this matter.

1.  The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and Ashland Products, Inc., concerning their

operations located in Chicago, Cook County, Illinois.

The Stipulation and Settlement Agreement are

incorporated by reference as though fully set forth

herein.

2.  Ashland Products, Inc. shall pay the sum of Fourteen

Thousand Dollars ($14,000.00). Payment shall be made

in two (2) installments as follows:

(a) Seven Thousand Dollars ($7,000.00)

within thirty (30) days from the

date of this order;

(b) Seven Thousand Dollars ($7,000.00)

within sixty (60) days from 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

Illinois Hazardous Waste 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

Ashland Products, 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, (35 ILCS 5/101 et seq.), 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.  Ashland Products, Inc. shall cease and desist from the

alleged violations.

~3-O226

3

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

101.246, Motion for Reconsideration.)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certifl~that the abo Opinion and Order was

adopted on ,the / 7 ~ day of 

__________________,

1993,~bya

voteof 

~•_/

7,7

~Dorothy M. Gu~1, Clerk

/~2~,U

Illinois Po)4i~ition Control Board

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