ILLINOIS POLLUTION CONTROL BOARD
    October
    25,
    1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—13
    (Enforcement)
    ABC RAIL CORPORATION,
    a Delaware corporation,
    Respondent.
    RICHARD VERKLER APPEARED ON BEHALF OF THE COMPLAINANT.
    RANDALL VICKERY APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    This matter comes before the Board upon a complaint filed
    January 25,
    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 ABC
    Rail Corporation (“ABC”),
    located
    in Chicago Heights,
    Cook
    County,
    Illinois.
    The complaint alleges that ABC has violated
    Section
    9(b)
    of the Illinois Environmental Protection Act
    (“Act”),
    Ill.
    Rev. Stat.
    1989,
    ch. l1l~,pars.
    1001,
    et.
    seq.,
    and 35
    Ill.
    Adm. Code 201.144 of the Board’s rules and
    regulations.
    Hearing on this matter was held March 29,
    1990,
    in Chicago,
    Illinois.
    At hearing,
    the parties submitted a Stipulation and
    Settlement Agreement,
    executed by the parties.
    ABC does
    not
    admit the alleged violations.
    ABC agrees to pay a civil penalty
    of one thousand dollars
    ($1,000).
    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
    and the Board’s pollution control regulations.
    115—417
    —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 ABC Rail Corporation concerning ABC’S
    operations located in Chicago Heights,
    Cook County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2.)
    ABC shall pay the sum of one thousand dollars
    ($1,000)
    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
    ABC 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.
    Dumelle and J. Theodore Meyer dissented.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certJ~ythat the aboy~e~pinionand Order was
    adopted on the
    ~
    ~-‘
    day of
    ___________________,
    1990,
    by
    a
    vote of
    ~
    .
    (
    Dorothy M. ~kinn,Clerk
    Illinois Pd~ilutionControl Board
    115—4 18

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