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

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