ILLINOIS POLLUTION CONTROL
BOARD
October
11,
1990
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
)
v.
)
PCB 90—92
(Enforcement)
LENNON WALLPAPER COMPANY,
)
a Delaware Corporation,
Respondent.
PAMELA M.
CIARROCCHI APPEARED ON BEHALF OF THE COMPLAINANT.
GERALD T.
KARR APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by M. Nardulli):
This matter comes before the Board upon
a complaint filed
May
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 Lennon
WallPaper Company (“Lennon”), located
in Shorewood, Will County,
Illinois.
The complaint alleges that Lennon 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 June 26, 1990
in Joliet,
Will County,
Illinois.
At hearing,
the parties submitted
a
Stipulation and Settlement Agreement,
executed by the parties.
Lennon does not admit the alleged violations.
Lennon agrees to
pay a civil penalty of three thousand dollars
($3,000).
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. 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
115—269
—2—
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 Lennon Wallpaper Company, concerning
Lennon’s operations located
in Shorewood, Will County,
Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2.)
Lennon shall pay the sum of three thousand dollars
($3,000) 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
Lennon 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~e~9~jjiion
and Order was
adopted on the
//~Z~Z
day of
___________________,
1990,
by a
vote of
.5—/
.
Dorothy
M./Gj4’nn, Clerk
Illinois PQtlution Control Board
115—270