ILLINOIS POLLUTION CONTROL BOARD
    June 6,
    1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 91—20
    )
    (Enforcement)
    )
    AMOCO
    PETROLEUM
    ADDITIVES
    )
    COMPANY,
    a
    Delaware
    Corp.,
    )
    Respondent.
    DENNIS
    J.
    ORSERY
    APPEARED
    ON
    BEHALF
    OF
    COMPLAINANT.
    DALE
    IWATAKI
    APPEARED
    ON
    BEHALF
    OF
    THE
    RESPONDENT.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    3.
    C.
    Marlin):
    This
    matter
    comes
    before
    the
    Board
    upon
    a
    complaint
    filed
    January 31,
    1991 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Roland W. Burns,
    Attorney General of the State of Illinois, against Amoco
    Petroleum Additives Company
    (“Amoco”),
    located in Wood River,
    Madison County.
    The complaint alleges that Amoco has violated
    Section 9.1 of the Illinois Environmental Protection Act (“Act”),
    Ill. Rev. Stat.
    1989,
    ch.
    111½, pars.
    1001,
    et.
    seq.,
    and 40 CFR
    61—242—6(a) (1),
    40 CFR 61—242—1(d),
    40 CFR 61—245(e) (2),
    40 CFR
    246(d) (4),
    40 CFR 247.
    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.
    Amoco does neither admits or denies the alleged violations.
    Amoco agrees to pay a civil penalty of sixteen thousand dollars
    ($16,000).
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation.
    See,
    Cheinetco. 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
    I1l.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,
    state or local regulations, including but not limited to the Act
    and the Board’s pollution control regulations.
    123—31
    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 Amoco Petroleum Additives Company,
    concerning Amoco Petroleum Additives Company’s
    operations located in Wood River, Madison County.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2.)
    Amoco Petroleum Additives Company shall pay the sum of
    sixteen thousand dollars
    ($16,000) 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
    Amoco Petroleum Additives 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
    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.
    J.D. Dunielle concurred and 3. Theodore Meyer dissented.
    123—32
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~ythat the abo
    Opinion and Order was
    adopted on the
    ~
    day of
    __________________,
    1991,
    by a
    vote of
    ______.
    Dorothy M. q~nn,Clerk
    Illinois Pol’lution Control Board
    123—33

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