ILLINOIS POLLUTION CONTROL BOARD
    December 6,
    1991
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 90—60
    (Enforcement)
    ALLIED-H/~.STINGSBARREL
    )
    and DRUM SERVICE,
    INC.,
    )
    Respondent.
    REBECCA A.
    BURLINGHAN APPEARED ON BEHALF OF THE COMPLAINANT.
    RICHARD W. COSBY APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter
    conies before the Board upon a complaint filed
    April
    17, 1991 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 Allied-Hastings Barrel and Drum
    Service,
    Inc.,
    located in Chicago, Cook County, Illinois.
    The
    complaint alleges that Allied-Hastings Barrel and Drum Service,
    Inc. has violated Sections 9(a)
    and 9(b)
    of the Illinois Environ-
    mental Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch.
    111½,
    pars.
    1001,
    et.
    seq.,
    and 35
    Ill.
    Athri.
    Code 201.143 and
    215.204(j)
    of the Board’s rules and regulations.
    Hearing on this matter was held June
    18, 1991 in Chicago,
    Illinois.
    On November 14,
    1991 the parties submitted
    a
    Stipulation and Settlement Agreement,
    executed by the parties.
    Allied-Hastings Barrel and Drum denies the alleged violations.
    Allied-Hastings Barrel and Drum agrees to pay
    a civil penalty of
    Three Thousand Dollars
    ($3,000.00).
    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,
    state or local regulations,
    including but not limited to the Act
    and the Board’s pollution control regulations.
    128—2 1
    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 Allied—Hastings Barrel
    & Drum Service,
    Inc.,
    concerning its operations located in Chicago,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    Allied—Hastings Barrel
    & Drum Service,
    Inc. shall pay
    the sum of Three Thousand dollars
    ($3,000.00) 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
    s-ent
    by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    Allied-Hastings Barrel
    & Drum Service,
    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 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.
    Allied-Hastings Barrel
    & Drum Service,
    Inc. shall cease
    and desist from the alleged violations.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1987,
    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.
    128—22
    Board Member
    3.
    Theodore Meyer dissented.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cer~4ythat the a1bpve Opinion and Order was
    adopted
    orj.
    the
    (c
    day of
    e~6Z~~)
    ,
    1991, by a
    vote of
    ~-~/
    Dorothy M.,/~unn, Clerk
    Illinois P~11utionControl Board
    128—23

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