ILLINOIS POLLUTION CONTROL BOARD
    February 28,
    1991
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 90—12
    (Enforcement)
    HYSAN CORPORATION, an
    Illinois corporation,
    Respondent.
    RICHARD A. VERKLER, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF COMPLAINANT THE PEOPLE OF THE STATE OF ILLINOIS.
    CAROLYN HESSE,
    MCDERMOTT,
    WILL AND EMERY,
    APPEARED ON BEHALF OF
    RESPONDENT HYSAN CORPORATION.
    OPINION AND ORDER OF THE BOARD
    (by M. Nardulli):
    This matter comes before the Board upon a complaint filed on
    January
    25,
    1990,
    by Neil
    F.
    Hartigan,
    Attorney General of the
    State of Illinois, against respondent,
    Hysan Corporation
    (Hysan),
    an Illinois corporation.
    The complaint alleges that Hysan operated
    its Blue Island facility, which manufactures products such as hair
    spray,
    pesticides,
    air fresheners and other household sprays,
    in
    violation of section 9(b) of the Illinois Environmental Protection
    Act
    (Act)
    (Ill. Rev.
    Stat.
    1989,
    ch.
    111 1/2,
    par.
    1009
    (b))
    and
    sections 201.143
    and 201.144 of the Board’s air regulations.
    (35
    Ill.
    Adm. Code 201.143.)
    Hearing was held on this matter on July 30,
    1990
    in Chicago,
    Illinois.
    At
    the
    hearing,
    the Attorney General
    read
    into the
    record the terms of a stipulated agreement.
    This “Stipulation of
    Facts
    and
    Proposed
    Settlement”
    was
    subsequently
    signed
    by
    the
    parties and
    sets
    forth the full statement of
    all material
    facts
    pertaining to the nature, operations and circumstances surrounding
    the
    claimed
    violations.
    Hysan
    neither
    admits
    nor
    denies
    to
    violations of the Act and Board regulations.
    Hysan obtained an
    operating permit
    for the equipment which
    is the subject of this
    action on June
    19,
    1989.
    Hysan
    agrees to pay a penalty of ten
    thousand dollars ($10,000) into the Environmental Protection Trust
    Fund.
    The
    Board
    has
    the authority
    to
    impose
    a penalty where
    the
    parties
    have
    stipulated
    to
    a
    penalty,
    but not to
    a
    finding
    of
    violation.
    (Chernetco,
    Inc.
    v. PCB, 488 N.E.2d 639,
    643
    (5th Dist.
    119—17
    2
    1986);
    Archer
    Daniels Midland
    v.
    PCB,
    489 N.E.2d 887
    (3d 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 Boards’s air pollution 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 of
    Facts and
    Proposed
    Settlement
    executed
    by
    the
    Illinois
    Environmental
    Protection Agency
    and Hysan
    Corporation
    concerning violations of section 9(b)
    of the Act and 35
    Ill.
    Adm. Code 201.143 and 201.144.
    The Stipulation of
    Facts
    and
    Proposed
    Settlement
    are
    incorporated
    by
    reference as though fully set forth herein.
    2.)
    Hysan shall pay the sum of five thousand dollars ($5,000)
    within 30 days of the date of this Order and the sum of
    $5,000 within 120 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
    Hysan
    shall
    also
    write
    its
    Federal
    Employer
    Identification Number or Social Security Number on the
    certified check or money order.
    Section 41 of the Environmental Protection Act
    (Ill. Rev. Sat.
    1987,
    ch.
    111 1/2, 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.Theodore Meyer dissents.
    119—18
    3
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, her~bjcertify that theMabove Opinion and Order was adopted
    on the
    ~
    day of ________________________
    of
    .c-/
    ______________________
    991, by a vote
    1~.
    Dorothy N.~unn, Ci’erk
    Illinois ~6llution Control Board
    119—19

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