ILLINOIS POLLUTION CONTROL BOARD
    October
    25, 1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 89—159
    (Enforcement)
    CROWN CORK
    & SEAL CO.,
    INC.,
    )
    a New York Corporation,
    )
    Respondent.
    JOSEPH WILLIAMS APPEARED ON BEHALF OF THE COMPLAINANT, AND
    ROBERT P. HARRIS APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by
    J.
    Anderson):
    This matter comes before the Board upon a complaint filed
    October
    6,
    1989,
    the People of the State of
    Illinois
    (“People”),
    by and through attorney, Neil F. Hartigan, Attorney General of
    the State of Illinois,
    against Crown, Cork and Seal Company,
    Inc.
    (“Crown Cork”)
    located at 1035 East North Street,
    Bradley,
    Kankakee County,
    Illinois.
    The complaint alleges that Crown Cork
    has violated Section 9(b)
    of the Illinois Environmental
    Protection Act
    (“Act”),
    Ill. Rev.
    Stat.
    1987,
    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 July
    10,
    1990 in Kankakee,
    Illinois.
    At the hearing, the parties stated that they had
    reached a settlement agreement.
    An executed stipulation and
    proposal for settlement was filed with the Board on October
    11,
    1990.
    Crown Cork does not admit
    the alleged violations.
    Crown
    Cork agrees to pay a civil penalty of $2500.00.
    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. 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
    and the Board’s pollution control regulations.
    115—385
    —2—
    Finally,
    the Board notes
    that
    it issued an Order on October
    11,
    1990,
    directing the Clerk of the Board to set the matter
    for
    hearing on the merits.
    We hereby vacate such order
    in light of
    our receipt of the executed stipulation and proposal for
    settlement.
    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 Crown Cork,
    concerning Crown Cork’s
    operations located in Bradley,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2.
    Crown Cork shall pay the sum of twenty—five hundred
    dollars
    ($2500.00)
    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
    Crown Cork 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. 1987,
    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 Members J. Dumelle and J.
    T. Meyer dissented.
    I,
    Dorothy M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the 3J~ov~
    Opinion and Order was
    adopted on the
    ~~i~day
    of
    ~
    ,
    1990,
    by a vote
    of
    5~c~7
    L
    ~
    /~
    Dorothy M. G~n, Clerk
    Illinois Po1~lutionControl Board
    115—386

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