ILLINOIS POLLUTION CONTROL BOARD
    August
    30,
    1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 89—155
    )
    (Enforcement)
    DECOR GRAVURE CORPORATION,
    an Alabama Corporation,
    Respondent.
    RICHARD VERKLEK, APPEARED ON BHALF
    OF COMPLAINANT; AND
    FLOYD BABBIT AND THOMAS
    B. GOLZ,
    APPEARED ON BEHALF OF
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board upon
    a complaint filed on
    October
    4,
    1989,
    on behalf of the Illinois Environmental
    Protection Agency
    (“Agency”), by and through
    its attorney, Neil
    F. Hartigan, Attorney General of the State of Illinois,
    against
    DeCor Gravure Corporation (“DeCor”), located at 1077 Sesame
    Street,
    Bensenville,
    Cook County,
    Illinois.
    The complaint
    alleges that Decor has violatedSections
    9(a)
    and 9(b)
    of
    the
    Illinois Environmental Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111 1/2, pars.
    1001,
    et.
    seq.,
    and 35
    Ill.
    Adm. Code
    201.142 and 215.204(f)
    of
    the Board’s rules and regulations.
    Hearing on this matter was held July
    13,
    1990,
    in Chicago,
    Illinois.
    At hearing,
    the parties submitted a Stipulation and
    Settlement
    Agreement,
    executed by the parties.
    DeCor neither
    admits nor denies the alleged violations.
    DeCor agrees
    to pay a
    civil penalty of $8,000.00.
    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. ADp.3d,
    283,
    488 N.E.2d 639,
    643 (5th Dist.
    1986); and Archer Daniels Midland
    v. Pollution Control
    Board,
    140
    Ill.
    App.3d,
    823 N.E.2d 887
    (3rd Dist.
    1986).
    The Board
    finds
    the Settlement
    ~greement
    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
    and the Board’s pollution control
    regulations.
    I
    I •~—75’)
    —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 Illinois Environmental
    Protection Agency and DeCor, concerning DeCor’s
    operations
    located
    in Bensenville, Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    DeCor
    shall pay the sum of eight thousand dollars
    ($8,000.00)
    within
    30 days of the date of
    this Order.
    Such payment shall be made by cashier’s check payable
    to
    the Treasure 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.
    0.
    Box 19276
    Springfield,
    IL
    62794—9276
    DeCor
    shall also write
    its Federal Employer
    Identification Number
    or Social Security Number on
    the certified check or money order.
    Section 41 of
    the Illinois 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. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the a3~~oveOpinion and Order was
    adopted on the
    .3’c~’1 day of
    ~~eçC~-~7
    ,
    1990,
    by
    a vote
    of
    _______.
    Dorothy M. Gpnn,
    Clerk
    Illinois Pollution Control Board
    1 I!~-7(,()

    Back to top