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