ILLINOIS POLLUTION CONTROL BOARD

June 21, 1990

PEOPLE OF THE STATE

OF ILLINOIS

Complainant,

)

PCB 90-55

(Enforcement)

UNITED AMERICAN METALS,

an Illinois corporation,

Respondent.

APPEARANCE FOR THE COMPLAINANT BY RENEE CIPRIANO, ASSISTANT

ATTORNEY GENERAL

APPEARANCE FOR THE RESPONDENT BY KATZ, RANDALL & WEINBERG, by

GARY AUERBACH

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

This matter comes before the Board upon a complaint filed

April 13, 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 United

American Metals (UM) located in Chicago, Illinois. The complaint

alleges that UM 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 201.144 of the

Board’s rules and regulations.

Hearing on this matter was held June 6, 1990, in Chicago,

Illinois. At hearing, the parties submitted a Stipulation and

Settlement Agreement, executed by the parties. UM does not admit

the alleged violations~ tJM agrees to pay a civil penalty of four

thousand five hundred dollars ($4,500), in three installments of

one thousand five hundred dollars ($1,500) each.

The Board has authority to impose a penalty ~here 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 

~‘.

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. Adm. Code 103.180. This Settlement Agreement in no ~~iay

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.

112—3 

()

5

—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 United American Metals (UM), concerning

UM’s operations located in Chicago, Illinois. The

Stipulation and Settlement Agreement are incorporated by

reference as though fully set forth herein.

2.) UM shall pay the sum of four thousand five hundred

dollars ($4,500) in three installments, the first to be

recieved no later than July 23, 1990. The second

payment to be paid on the 15th day of August and the

last payment on the 15th day of September. Such payment

shall be made by certified check or money order Dayable

to the Treasurer of the State of Illinois, desianated 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

UM 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. l1l~, 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 aboy~.Opinion and Order was

adopted on the ~~/‘~C day of  

~J’t~’,i.j.~

1990, by a

vote of ~—/

////

•~

/~-

Dorothy M. ,-~unn, Clerk

Illinois Pollution Control Board

112—396