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