ILLINOIS POLLUTION CONTROL BOARD
    July 20, 2006
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    D & L LANDFILL, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 06-136
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On February 9, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against D & L Landfill, Inc. (D & L
    Landfill).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns
    D & L Landfill’s landfill facility at 1212 Ayers Road, Greenville, Bond County.
     
    The People allege that D & L Landfill violated Section Sections 21(d)(1), (d)(2), and
    (o)(5) of the Environmental Protection Act (Act) (415 ILCS 5/21(d)(1), (d)(2), and (o)(5) (2004))
    and 35 Ill. Adm. Code 811.106(a) and 811.313(a). The People further allege that D & L Landfill
    violated these provisions by (1) failing to cover waste at the conclusion of an operational day;
    and (2) failing to cover waste with one foot of compacted clean soil within 60 days of placement
    in the fill.
     
    On July 13, 2006, the People and D & L Landfill also filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2004)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2004)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the D & L Landfill admits the alleged violations and agrees to pay a civil penalty of
    $13,250.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 20, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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