ILLINOIS POLLUTION CONTROL BOARD
    October
    11,
    1990
    PEOPLE OF THE STATE OF
    ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—73
    (Enforcement)
    ILLINOIS CEMENT COMPANY,
    a joint venture,
    )
    Respondent.
    )
    RICHARD A. VERKLER APPEARED ON BEHALF OF THE COMPLAINT.
    WALTER J.
    ZUKOWSKI APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by R.
    Flemal):
    This matter comes before the Board upon
    a complaint filed
    April
    20, 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 Illinois
    Cement Company (“Illinois Cement”)
    located in LaSalle, LaSalle
    County,
    Illinois.
    The four count complaint alleges that Illinois
    Cement has violated Sections 9(a) and
    (b) of the Illinois
    Environmental Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch.
    ll1~,pars.
    1001,
    et.
    seq., and
    35
    Ill. Adm. Code 230.770 and
    212.306 of the Board’s rules and regulations.
    Hearing on this matter was held September
    24,
    1990
    in
    Ottawa, LaSalle County,
    Illinois.
    1~thearing, the parties
    submitted a Stipulation and Settlement Agreement,
    executed by the
    parties.
    Illinois Cement does not admit the alleged violations
    and in fact expressly denies the allegations.
    Illinois Cement
    agrees to pay a civil penalty of eight thousand dollars
    ($8,000)
    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.
    Adrn.
    Code 103.180.
    This Settlement Agreement
    in no way
    115—265
    —2—
    affects respondent’s responsibility to comply with any federal,
    state or local
    regulations, including but
    riot 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.
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Illinois Cement Company, concerning
    Illinois Cement Company’s operations located
    in Ottawa,
    LaSalle County.
    The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2.)
    Illinois Cement Company shall pay the sum of eight
    thousand dollars
    ($8,000) 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
    Illinois Cement Company 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 abov? OpJj~ionand Order was
    adopted on the
    //~t day of
    ___________________,
    1990, by a
    vote of
    .5—/
    .
    ~
    /&
    ~
    ~
    ~
    Dorothy
    M. ~3~x’nn,
    Clerk
    Illinois P~y1utionControl Board
    115 —266

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