ILLINOIS POLLUTION CONTROL BOARD

June 7, 1990

PEOPLE OF THE STATE OF ILLINOIS

Complainant,

v.

)

PCB 90—14

(Enforcement)

PQ CORPORATION,

a Pennsylvania corporation,

Respondent.

OPINION AND ORDER OF THE BOARD (by J. Marlin):

This matter comes before the Board upon a complaint filed on

January 25, 1990, on behalf of the People of the State of

Illinois (hereinafter ‘Peoplet’) by and through their attorney,

Neil F. Hartigan, Attorney General of the State of Illinois,

against PQ Corporation, a Pennsylvania corporation (hereinafter

“PQ”) located in Utica, Illinois. The complaint alleges that PQ

caused or allowed the discharge of a contaminant into a water of

the State of Illinois which resulted in violations of Section

12(a) of the Environmental Protection Act (“Act”), Ill. Rev.

Stat. 1987, ch. lll~,pars. 1001, et. seq., and 35 Ill. Adm. Code

304.105, 35 Ill. Adm. Code 304.125, and 35 Ill. Adm. Code 306.102

of the Board’s rules and regulations.

Hearing on this matter was held on May 18, 1990 in Ottawa,

Illinois. At the hearing, the parties submitted a Stipulation

and Proposal for Settlement executed by the parties. PQ does not

admit the alleged violations. PQ agrees to pay a civil penalty

of seven thousand five hundred dollars (S7,500.00).

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, 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 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 regulations.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

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—2—

ORDER

1.) Board hereby accepts the Stipulation and

Settlement Agreement executed by the

People of the State of Illinois and PQ

Corporation concerning PQ’s operations

located at Oak and Grove Streets, Utica,

Illinois. The Stipulation and Proposal

for Settlement are incorporated by

reference as though fully set forth

herein.

2.) PQ Corporation shall pay the sum of

seven thousand five hundred dollars

($7,500.00) within 30 days of this

Order. Such payment shall be made by

certified check or money order payable

to the Treasurer of the State of

Illinois, and 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, Illinois 62794—9276

PQ 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. 1987, ch. 111 1/2, 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 ab e Opinion and Order was

adopted on the

7ZZ

day of

_______________

,

1990, by a vote

orothy M ~‘unn, Clerk

Illinois P lution Control Board

112—24