ILLINOIS POLLUTION CONTROL BOARD
August
30,
1990
PEOPLE OF THE STATE ILLINOIS,
Complainant,
v.
)
PCB 90—68
(Enforcement)
OSCAR MAYER FOOD CORPORATION,
)
a Delaware corporation,
Respondent.
APPEARANCE FOR COMPLAINANT BY JOSEPH ANNUNZIO, ASSISTANT ATTORNEY
GENERAL.
APPEARANCE FOR RESPONDENT DOUGLAS MORING, KRAFT GENERAL FOODS.
OPINION AND ORDER OF THE BOARD
(by M. Nardulli):
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 Oscar Mayer Food
Corporation (Oscar Mayer),
located
in Chicago,
Illinois.
The
complaint alleges that Oscar Mayer has violated Section 21(j)
of
the Illinois Environmental Protection Act
(“Act”),
Ill.
Rev.
Stat.
1989,
ch. 1l1~,pars.
1001,
et.
seq., and
35
Ill.
Adm.
Code
809.501(a)
of the Board’s
rules and regulations.
Hearing on this matter ~~iasheld June
18,
1990,
in Chicago
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.
Oscar Mayer
admits to past violations
of Section 21(j)
of
the Act and 35
Ill.
Adm. Code 809.501(a) and agrees
to pay a civil penalty
of
seven
thousand five hundred dollars
($7,500).
Oscar
Mayer further
agrees to cease and desist from the alleged violations.
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
and the Board’s pollution control
regulations.
This Opinion constitutes the Board’s findings of
fact and
conclusions of
law in this matter.
1
14—7SQ
—2—
ORDER
1.)
The Board hereby accepts
the Stipulation and Settlement
Agreement executed by the People of the State
of
Illinois and Oscar
Mayer Food Corporation, concerning
Oscar Mayer’s operations
located in Chicago,
Illinois.
The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2.)
Oscar
Mayer shall pay the sum of seven thousand five
hundred dollars
($7,500) 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
Oscar
Mayer 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 abo~eOpinion and Order
was
adopted on the
~3c~I-
day
of
)a-~
~
,
1990,
by
a
vote of
~,-/
.
Dorothy M.
Gun,ri,
Clerk
Illinois Pollu’?ion Control Board
I 14~-7~)fl