ILLINOIS POLLUTION CONTROL BOARD
July
3,
1990
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
v.
)
PCB 90—16
(Enforcement)
SOLO CUP COMPANY,
a Delaware corporation
Respondent.
APPEARANCE FOR COMPLAINANT BY RICHARD VERKLER,
ASSISTANT ATTORNEY
GENERAL.
APPEARANCE FOR RESPONDENT
BY DAN MADOCK,
FOX
& GROVE,
Chtd.
OPINION AND ORDER OF
THE
BOARD
(by J.
Marlin):
This matter
comes before the Board upon
a complaint filed
January
25,
1990,
on behalf of
the People of the State of
Illinois
(“People”),
by and through
its attorney,
t~eilF.
Hartigan, Attorney General of
the State of Illinois,
against Solo
Cup Company
(Solo)
located
in Chicago,
Illinois.
The complaint
alleges that Solo has violated Section
9(b)
of
the Illinois
Environmental Protection Act
(“Act”),
Ill.
Rev.
Stat.
1989,
ch.
ll1~,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 June
13,
1990,
in Chicago,
Illinois.
At hearing,
the parties submitted
a Stipulation and
Settlement Aareement,
executed by the parties.
Solo does not
admit
the alleged violations.
Solo agrees
to pay a civil penalty
of one thousand seven hundred fifty dollars
($1,750).
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.
Apo.3d
,283,
488 N.E.2d 639,
643 (5th
Dist.
l986)~ and Archer
Daniels Midland
v.
Pollution Control
Board,
130
Ill.App.3d
823,
489 N.E.2d 887
(3rd Dist.
1986).
The. Board
finds
the Settlement Agreement acceptable under
35
Ill. Adm. Code l03.80.
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 matter.
113—3q
ORDER
1.)
The Board hereby accepts
the Stipulation and Settlement
Agreement executed by the People of the State of
Illinois and Solo Cup Company, concerning Solo’s
operations located
in Chicago,
Illinois.
The
Stipulation and Settlement Agreement are incorporated by
reference as though fully set forth herein.
2.)
Solo shai
pay the sum of one thousand seven hundred
fifty dollars
($1,750) within
30 days of the date of
this Order.
Such payment
shall
be made by certified
crLeck
or money order payable
to the Treasurer
of
the
ate of Il~ nois,
designated
to the Environmental
~rotection
ust Fund, and shall
be
sent
by First Class
mail
to:
Illin
Environmental Protection Agency
Fisca
Services Division
2200
C.~iurcnill Road
P.O. E~x19276
Sorinqfieid,
IL 62794—9276
Solo 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.
Board Member
J.
Theodore Meyer dissented.
I,
Dorothy
M.
Gunn,
Clerk
of the Illinois Pollution Control
Board, hereby certify
that the above Op4nion and Order was
adopted on~the
_____
day of
~y’
,
1990,
by
a
vote of
~
./
.
~
~
//,,
~
Dorothy
M. G~hn,Clerk
Illinois P~iiutionControl Board
113—4fl