ILLINOIS POLLUTION CONTROL BOARD
    October
    25,
    1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 89—201
    )
    (Enforcement)
    CROWN, CORK,
    AND SEAL
    COMPANY INC.,
    a New York
    )
    corporation,
    Respondent.
    RENEE CIPRIANO APPEARED ON BEHALF OF THE COMPLAINANT
    ROBERT
    P.
    HARRIS APPEARED ON BEHALF OF THE RESPONDENT
    OPINION AND ORDER OF THE BOARD
    (by
    J.
    C.
    Marlin):
    This matter comes before the Board upon an eight count
    complaint filed December
    7,
    1989, 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
    Crown, Cork and Seal Company,
    Inc.
    (“Crown Cork”)
    located
    in
    Chicago,
    Illinois.
    The complaint alleges that Crown Cork has
    violated Sections 9(a) and
    (b) of the Illinois Environmental
    Protection Act (“Act”),
    Ill. Rev.
    Stat.
    1989,
    ch. lll~,pars.
    1001,
    et.
    seq., and 35
    Ill. Adm. Code 201.141,
    201.142,
    201.143,
    212.309, and 215.204(b)(l) and
    (5) of the Board’s rules and
    regulations.
    Hearing on this matter was held July 11,
    1990
    in Chicago,
    Illinois.
    At hearing,
    the parties submitted
    a Stipulation and
    Settlement Agreement,
    executed by the parties.
    Crown Cork does
    not admit the alleged violations.
    Crown Cork agrees to pay a
    civil penalty of sixteen thousand dollars
    ($16,000).
    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
    115—4 13
    —2—
    and the Board’s pollution control regulations.
    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, and Seal Company concerning
    Crown Cork’s operations located
    in Chicago,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    Crown Cork shall pay the sum of sixteen thousand dollars
    ($16,000) 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.
    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 Members
    J.
    Durnelle and J. Theodore Meyer dissented.
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov~O~~nionand Order was
    adopted on the
    ~
    day of
    ___________________,
    1990,
    by a
    vote of
    5—~2
    .
    ~
    ~3
    Dorothy M.
    ciXnn, Clerk
    Illinois Po3!lution Control Board
    115—414

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