ILLINOIS POLLUTION CONTROL BOARD
    January 24,
    1991
    KATHY
    WESTERN
    AND
    JEFFREY
    WESTERN,
    )
    )
    Complainants,
    )
    V.
    )
    PCB 89—44
    (Enforcement)
    )
    MOLINE CORPORATION,
    )
    Respondent.
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    V.
    )
    PCB 89-87
    )
    (Enforcement)
    MOLINE CORPORATION,
    )
    Respondent.
    INTERIM OPINION
    AND
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes before the Board upon a complaint filed
    March 2,
    1989,
    (PCB 89-44) by Kathy Western and Jeffrey Western
    (hereinafter “the Westerns”)
    and upon a complaint filed May
    19,
    1989,
    (PCB 89-87) on behalf of the
    Illinois Environmental
    Protection Agency (hereinafter “Agency”), by and through its
    attorney, Neil F. Hartigan, Attorney General of the State of
    Illinois, against Moline Corporation, located on Dean Street in
    St.
    Charles,
    Kane County,
    Illinois.
    The complaints allege
    that
    Moline Corporation has violated Sectior~s9(a),
    9(b)
    and 24 of the
    Illinois Environmental Protection Act (“Act”), Ill. Rev.
    Stat.
    1989,
    ch.
    111½, pars.
    1001,
    et.
    sea., and 35 Ill. Mm. Code
    201.141, 201.143, 201.142, and 900.102 of the Board’s
    rules
    and
    regulations.
    Hearing on this matter was held December 20,
    1990 in St.
    Charles,
    Illinois.
    At hearing, the parties submitted a
    Stipulation and Settlement Agreement,
    executed by the parties.
    Moline Corporation neither admits nor denies the
    alleged
    violations.
    Moline Corporation agrees to pay $10,000.00 into the
    Illinois Environmental Protection Trust Fund.
    In addition,
    Moline Corporation agrees to cease and desist from further
    violations,
    and agrees to complete a “Scope of Work” defined
    in
    Attachment
    A
    to the Stipulation and Proposal for Settlement.
    When the “Scope of Work” has been completed the parties will seek
    a final order from this Board.
    118—125
    2
    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.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this Interim Opinion and Order.
    ORDER
    1.) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the Kathy Western and Jeffrey Western
    /
    Illinois Environmental Protection Agency and Moline Corporation,
    concerning Moline Corporation’s operations located in St.
    Charles,
    Illinois.
    The Stipulation and Settlement Agreement and
    Attachment A “Scope of Work” are incorporated by reference as
    though fully set forth herein.
    2.) Moline Corporation shall pay the sum of ten thousand
    dollars ($10,000.00) 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
    Moline Corporation shall also write its Federal Employer
    Identification Number or Social Security Number on the certified
    check or money order.
    118—126
    3
    IT IS SO ORDERED.
    Board Members J.D. Dumelle and J. Theodore Meyer dissented,
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certi
    that the a
    Opinion and Order was
    adopted on the
    ______
    day of
    __________________,
    1991,
    by a
    vote of
    .5-1I.~
    Dorothy M.
    n,
    Clerk’
    Illinois P0
    ution Control Board
    118—127

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