ILLINOIS POLLUTION CONTROL BOARD
    June 6,
    1991
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    )
    )
    )
    Complainant,
    )
    v.
    )
    PCB 90—218
    )
    (Enforcement)
    )
    A.B. DICK COMPANY,
    a Delaware
    )
    Corporation,
    Respondent.
    JOSEPH
    ANNIJNIZO
    AND
    REBECCA
    BURLINGHAM
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    DIXIE
    LEE
    LASWELL
    APPEARED
    ON
    BEHALF
    OF
    THE
    RESPONDENT.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by
    R. C.
    Flemal):
    This matter comes before the Board upon a complaint filed
    November 15,
    1990 on behalf of the People of the State of
    Illinois (“People”), by and through the Attorney General of the
    State of Illinois, against A.B. Dick Company (“A.B Dick”)
    located
    in Niles, Cook County,
    Illinois.
    The complaint alleges that A.B.
    Dick has violated Sections 9(a) and
    (b) of the Illinois Environ-
    mental Protection Act
    (“Act”),
    Ill. Rev. Stat.
    1989, ch.
    111½,
    pars.
    1001, et sea.,
    and 35 Iii.
    Adin.
    Code 215.204, 201.143 and
    201.144 of the Board’s rules and regulations.
    Hearing on this matter was held May 21, 1991 in Chicago,
    Illinois.
    At hearing, the parties orally presented a Stipulation
    and Settlement Agreement, executed by the parties which was filed
    with the complaint on November 15,
    1990.
    A.B. Dick specifically
    denies the alleged violations.
    A.B. Dick agrees to pay a civil
    penalty of eleven thousand two hundred fifty dollars ($11, 250).
    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.
    Adin.
    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.
    123—15
    2
    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 A B. Dick Company, concerning A.B. Dick
    Company’s
    operations located in Niles, Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    A.B. Dick Company shall pay the
    sum
    of eleven thousand
    two hundred fifty dollars
    ($11,250) 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
    A.B. Dick Company 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,
    oh.
    120,
    par.
    10—1003), 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.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    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.
    J.D. Duinelle concurred and J. Theodore Meyer dissented.
    123—16
    3
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that theabo
    Opinion and Order was
    adopted on the
    ~
    day of
    __________________,
    1991, by a
    vote of
    _______.
    A
    Dorothy N. ~nn,
    Clerk
    Illinois Poflution Control Board
    123—17

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