ILLINOIS POLLUTION CONTROL BOARD
    October 25, 1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90—84
    (Enforcement)
    WE-TOAST BREAD
    COMPANY, INC.,
    Respondent.
    PAMELA CIARROCCHI APPEARED FOR COMPLAINANT
    ROBERT MELTZER, ROBERT MELTZER & ASSOCIATES APPEARED FOR
    RESPONDENT
    OPINION AND ORDER OF THE BOARD (by J. C. Marlin):
    This matter comes before the Board upon a complaint filed
    April 26, 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 ~ce—ToastBread
    Company (We—Toast) located Chicago, Illinois. The complaint
    alleges that We—Toast has violated Section 9(b) of the Illinois
    Environmental Protection Act (“Act”), Ill. Rev. Stat. 1989, ch.
    lll~,pars. 1001, et. seq., and 35 Ill. Adm. Code 201.144 of the
    Board’s rules and regulations.
    Hearing on this matter was held June 13, 1990, in Chicago,
    Illinois. At hearing, the parties submitted a Stipulation and
    Settlement Agreement, executed by the parties. The Stipulation
    sets forth facts pertaining to the nature, operations, and
    circumstances surrounding the claimed violations. The Board on
    August 30, 1990 requested that the People file additional
    information in support of the Stipulation. On October 15, 1990,
    the People filed a response to that request. The additional
    information contained in that response assisted the Board in
    resolving this matter.
    The Stipulation specifically details terms of settlement.
    We—Toast admits to past violations of Section 9(b) of the Act and
    35 Ill. Adm. Code 201.144 and agrees to pay a civil penalty of
    three thousand dollars ($3,000). We—Toast further agrees to
    cease and desist from the alleged violations.
    On July 27, 1990, a Notice of Amendment to Stipulation and
    Proposal for Settlement as well as the executed Stipulation and
    Proposal for Settlement were filed by the People with the
    115—427
    —2—
    Board. The amendment does not materially alter the unexecuted
    Stipulation and Proposal for Settlement filed at hearing as it
    merely deletes provisions for the right of entry. The Board finds
    the Settlement Agreemen, as amended, 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.
    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 We—Toast Bread Company, Inc., concerning
    We-Toast’s operations located in Chicago, Illinois. The
    Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2.) We-Toast shall pay the sum of three thousand dollars
    ($3,000) 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
    We—Toast 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.
    Board Member J. Anderson concurred.
    115—428
    —3—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the ~
    day of
    _________________,
    1990, by a
    vote of
    ~
    /7
    /
    /
    Dorothy M. 9y~nn, Clerk
    Illinois PQ~IlutionControl Board
    115—429
    .
    .

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