ILLINOIS POLLUTION CONTROL BOARD
    June 6,
    1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    v.
    )
    PCB 90—230
    (Enforcement)
    )
    F..S. MADISON SERVICE COMPANY,
    an
    Illinois agricultural
    )
    cooperative.
    )
    Respondent.
    DENNIS J. ORSERY APPEARED ON BEHALF OF THE COMPLAINANT.
    DANNY LEIFEL APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J. C.
    Marlin):
    This matter
    comes before the Board upon a complaint filed
    December 11,
    1990 on behalf of the People of the State of
    Illinois (“People”), by and through the Attorney General of the
    State of Illinois, against Madison Service Company
    (“Madison”),
    located in Edwardaville, Madison County.
    The complaint alleges
    that Madison has violated Section 9(b)
    of the Illinois Environ-
    mental Protection Act
    (“Act”),
    Ill. Rev. Stat.
    1987, ch.
    111½,
    pars.
    1001,
    et.
    seq.,
    and 35 Ill. Adm. Code 201.142,
    201.143,
    201.144, 215.581 and 215.583 of the Board’s rules and
    regulations.
    Hearing on this matter was held May 10,
    1991 in
    Edwardsville, Madison County.
    At hearing, the parties submitted
    a Stipulation and Settlement Agreement, executed by the parties.
    Madison neither admits nor denies not admit the alleged
    violations.
    Madison agrees to pay a civil penalty of fifty-five
    thousand dollars
    ($55,000).
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation.
    See,
    Chetnetco,
    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.
    Adni. 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
    123—19
    2
    an~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 Madison Service Company, concerning
    Madison Service Company’s operations located in
    Edwardsville, Madison County.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2.)
    Madison Service Company shall pay the sum of fifty five
    thousand dollars
    ($55,000)
    in the following manner:
    Madison Service Company,
    shall pay the fifty—five
    thousand dollars ($55,000.00) penalty in two
    installments of twenty—seven thousand five hundred
    dollars
    ($27,500.00)
    each.
    The first installment shall
    be paid within 30 days of the date of this Order.
    The
    second and final installment shall be paid within one
    year of the date of this Order.
    Respondent agrees to
    stipulated penalties in the amount of two hundred
    dollars
    ($200.00) per day for any late payments.
    Such
    payments 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
    Madison Service 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,
    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.
    123—20
    3
    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.
    J.D. Dumelle concurred and 3. Theodore Meyer dissented.
    I, Dorothy N. 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
    ~‘-J
    .
    c~4
    Ih
    ~
    Dorothy N. 9~nn,Clerk
    Illinois Pd1~lutionControl Board
    123—21

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