ILLINOIS POLLUTION CONTROL BOARD
    October
    11,
    1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—98
    (Enforcement)
    AGGRECON CORPORATION,
    an Iowa corporation,
    Respondent.
    APPEARANCE FOR COMPLAINANT BY PAMELA CIARROCCHI, ASSISTANT
    ATTORNEY GENERAL.
    APPEARANCE FOR RESPONDENT BY JEFFREY KINKEAD, AGGRECON
    CORPORATION.
    OPINION AND ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board upon
    a complaint filed
    May
    8 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 Aggrecon Corporation,
    located Mount Carroll, Carroll County,
    Illinois.
    The complaint
    alleges that Aggrecon Corporation 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
    201.143 of the Board’s rules and regulations.
    Hearing on this matter was held August
    2,
    1990,
    in Mount
    Carroll, Carroll County,
    Illinois.
    At hearing,
    the parties
    submitted
    a Stipulation and Settlement Agreement,
    executed by the
    parties.
    The Stipulation sets forth facts pertaining to the
    nature, operations, and circumstances surrounding the claimed
    violations.
    Aggrecon Corporation admits to past violations
    of
    Section
    9(a) and
    (b)
    of the Act and 35
    Ill.
    Adm. Code 201.143 and
    agrees to pay a civil penalty of two thousand dollars
    ($2,000).
    Aggrecon Corporation further agrees
    to cease and desist from the
    alleged violations.
    The Board notes
    that in the transcript of the hearing,
    where
    the People are describing the terms of the settlement,
    the People
    state:
    “Respondent admits
    to the past violations of Section 9(b)
    of the Act.”
    (Tr.
    p.
    4).
    Also the complaint
    as
    filed on May
    8,
    1990, alleges only a violation
    to Section 9(b)
    of the Act.
    However,
    the Stipulation as signed by both parties and as
    115—273
    —2—
    admitted at hearing provides that the Respondent “admits to the
    past violations of Section 9(a)
    and
    (b)
    of the Act.”
    (Stip.
    p.
    8).
    The Board’s rules at
    35 Ill. Mm. Code 103.210, allow
    pleadings to be amended to “conform to proof,
    so long as no undue
    surprise results that cannot be remedied by a continuance.”
    On
    August
    9,
    1990,
    the Board directed the parties to file with the
    Board the proper pleading
    to clarify this issue.
    The parties
    were to file such pleading by September
    11, 1990.
    The Board has
    not received such a pleading.
    Therefore, the Board finds that
    the Stipulation signed by both parties
    is the controlling
    document and that the parties intent was to amend the pleadings
    to conform to proof.
    The Board finds the Settlement Agreement acceptable under
    35
    Ill.
    Adm. Code 103.180.
    This Settlement Agreement in
    rio 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 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 Aggrecon Corporation, concerning
    Aggrecon Corporation’s operations
    located in Mount
    Carroll, Carroll County,
    Illinois.
    The Stipulation
    and Settlement Agreement are incorporated by reference
    as though fully set
    forth herein.
    2.)
    Aggrecon Corporation shall pay the sum of two thousand
    dollars
    ($2,000) 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
    Aggrecon Corporation shall also write
    its Federal
    Employer Identification Number or Social Security
    Number on the certified check
    or money order.
    115—274
    —3—
    Section
    41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    ch. ll1~,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. Gun
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify that the above OpLnion and Order was
    adopted on the
    //Z~t
    day of
    _________________
    ,
    1990, by a
    vote of
    ~5—/
    .
    ~c~’~
    ~.
    ~
    Dorothy M. ~nn,
    Clerk
    Illinois P~’1’lutionControl Board
    115—275

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