ILLINOIS POLLUTION CONTROL BOARD
    December
    20, 1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—127
    )
    (Enforcement)
    WESTVACO CORPORATION,
    a Delaware Corporation,
    )
    Respondent.
    PAMELA CIARROCCHI APPEARED ON BEHALF OF COMPLAINANT.
    CHARLES CHADD APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board upon a complaint filed
    July
    3,
    1990 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Neil F. Hartigan,
    Attorney General of the State of Illinois, against Westvaco
    Corporation (“Westvaco”), located in Chicago,
    Illinois.
    The
    complaint alleges that Westvaco has violated Section 9(b)
    of the
    Illinois Environmental Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch. lll~,pars.
    1001,
    et.
    seq., and 35
    Ill. Adm. Code
    201.142 and 201.143 of the Board’s rules and regulations.
    Hearing on this matter was held November
    21,
    1990
    in
    Chicago,
    Illinois.
    At hearing,
    the parties submitted a
    Stipulation and Settlement Agreement,
    executed by the parties.
    Westvaco does not admit the alleged violations.
    Westvaco agrees
    to pay one thousand six hundred dollars
    ($1,600)
    into the
    Environmental Protection Trust Fund.
    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
    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.
    ii7—87
    —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 Westvaco Corporation, concerning Westvaco
    Corporation’s operations located in Chicago,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    Westvaco Corporation shall pay the sum of one thousand,
    six hundred
    dollars
    ($1,600) 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
    i’rotection 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
    Westvaco Corporation 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.
    Stat. 1989,
    ch. lll~,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.
    Dumelle and J. Theodore Meyer dissented.
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certi~~thatthe above Opinion and Order was
    adopted on the ~C~1-
    day of
    ~Clt~r).~...tA/
    ,
    1990,
    by a
    vote of
    _________
    Illinois P0 lution Control Board
    117—88

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