ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 90—202
    (Enforcement)
    )
    BRIDGESTONE/FIRESTONE,
    INC.
    )
    )
    Respondent.
    MR.
    JOHN
    J.
    KIM
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    MR.
    RAY
    BUCHANAN,
    PLANT
    ENGINEER
    AND
    MR.
    PETE
    BRINKOETTER,
    STAFF
    ENGINEER
    APPEARED
    ON
    BEHALF
    OF
    BRIDGESTONE/FIRESTONE,
    INC.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    M.
    Nardulli):
    This
    matter
    comes
    before
    the
    Board
    upon
    a
    complaint
    filed
    November
    7,
    1990 on behalf of the People of the State of Illinois
    (“People”),
    by
    and
    through
    its
    attorney,
    Neil
    F. Hartigan,
    Attorney
    General
    of
    the
    State
    of
    Illinois,
    against
    Bridgestone/Fireston,
    Inc.,
    located
    in
    Decatur,
    Macon
    County.
    The
    complaint
    alleges
    that
    Bridgestone/Firestone,
    Inc. has
    violated
    Sections
    1009(a)
    &
    (b)
    and
    1009.1(d)
    of
    the Illinois
    Environmental
    Protection
    Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    111½, pars.
    1001,
    et. seq.
    35
    Ill.
    Adm.
    Code
    201.141,
    201.143,
    212.123,
    212.181,
    215.461(a)
    and
    215.461(b)
    (2);
    and
    40
    CFR
    60.48b,
    60.49b
    and 60.542(a) (1).
    Hearing on this matter was held June 3,
    1991 in Decatur,
    Illinois.
    At hearing, the parties submitted a Stipulation and
    Settlement Agreement, executed by the parties.
    Bridgestone/
    Firestone,
    Inc. denies the alleged violations.
    Bridgestone/
    Firestone,
    Inc. agrees to pay a civil penalty of sixty-five
    thousand dollars ($65,000).
    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,

    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 Bridgestone/Firestone,
    Inc.,
    concerning
    Bridgestone/Firestone, Inc
    ‘s operations located in
    Decatur,
    Macon
    County.
    The
    Stipulation
    and
    Settlement
    Agreement
    are
    incorporated
    by
    reference as though fully
    set
    forth
    herein.
    2.)
    Bridgestone/Firestone,
    Inc.
    shall
    pay
    the
    sum
    of
    sixty-
    five
    thousand
    dollars
    ($65,000.00)
    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
    Bridgestone/Firestone,
    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.
    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.

    3
    J.
    Duinelle
    concurred.
    I,
    Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    that
    the
    abov~
    Opinion
    and
    Order
    was
    adopted
    on
    the
    ~
    day
    of
    __________________,
    1991,
    by
    a
    vote of
    7—c
    .
    y~,
    ~
    Dorothy N. 4tinn, Clerk
    Illinois P~1lutionControl Board

    Back to top