ILLINOIS POLLUTION CONTROL BOARD
    June 19, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF STERLING, an Illinois
    municipal corporation,
    Respondent.
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    PCB 97-95
    (Enforcement - Air, Land)
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board upon a six-count complaint filed November 26,
    1996 by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois, against the City of Sterling, an
    Illinois municipal corporation, regarding its facility located in Whiteside County, Illinois. The
    complaint alleges the City of Sterling violated Sections 9(a), 9(c), 21(a), 21(d), 21(e),
    21(p)(1), and 21(p)(3) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/9(a),
    9(c), 21(a), 21(d), 21(e), 21(p)(1), 21(p)(3) (1996)); 35 Ill. Adm. Code 807.201, and
    807.202(a), by causing or allowing the open dumping of waste, constructing and operating a
    waste storage and or waste disposal site without a development or operating permit, the
    disposal of waste at a unpermitted site, by causing or allowing litter, and by causing or
    allowing open burning.
    On May 13, 1997, the parties filed a stipulation, settlement agreement, and a joint
    motion requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
    settlement agreements be presented at hearing. (415 ILCS 5/31(c)(2)(1996)). The Board
    published a notice of the waiver on May 22, 1997. No objection to the granting of the waiver
    was received. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation sets forth facts relating to the nature, operations and circumstances
    surrounding the claimed violations. The City of Sterling admits the alleged violations and
    agrees to pay a civil penalty of three thousand dollars ($3,000.00).
    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
    regulations.
    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 People of the State of Illinois and the City of Sterling, an Illinois municipal
    corporation, regarding its facility located in Whiteside County, Illinois. The
    stipulation and settlement agreement are incorporated by reference as though
    fully set forth herein.
    2)
    The City of Sterling shall pay the sum of three thousand dollars ($3,000.00)
    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
    The certified check or money order shall clearly indicate on the City of Sterling’s
    Federal Employer Identification Number 36-6006112 and that payment is directed to
    the Environmental Protection Trust Fund. A copy of the payment transmittal and the
    certified check or money order shall be simultaneously sent by First Class mail to:
    Zemeheret Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11
    th
    Floor
    Chicago, IL 60601
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in Section 1003(a) of the Illinois Income Tax Act, (35 ILCS
    5/1003 (1996)), as now or hereafter amended, from the date payment is due
    until the date payment is received. Interest shall not accrue during the pendency
    of an appeal during which payment of the penalty has been stayed.
    3)
    The City of Sterling shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this opinion and order. The Rules of the Supreme Court of Illinois establish filing
    requirements. (See also 35 Ill. Adm. Code 101.246 "Motions for Reconsideration.")
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 19th day of June 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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