ILLINOIS POLLUTION CONTROL BOARD
December 7,
1995
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
)
v.
)
PCB
96—24
(Enforcement-RCRA)
TERMINAL RAILROAD,
ASSOCIATION OF ST.
LOUIS,
)
a Missouri corporation,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by G.
T.
Girard):
This matter comes before the Board upon a two—count
complaint filed August
2,
1995 by the Attorney General of the
State of Illinois, on behalf of the Illinois Environmental
Protection Agency, and the People of the State of Illinois,
against Terminal Railroad Association of St. Louis
(TRA), a
foreign corporation located in the City of Madison, Madison
County,
Illinois.
The complaint alleges that
TRA
has violated
Sections 21(f)(1)
and
(2)
of the Illinois Environmental
Protection Act (Act),
(415 ILCS
5/21(f) (1), (f) (2)) and 35 Ill.
Adm. Code 703.121 and 724.111,
724.113,
724.113(b),
724.ll4(a)(b)
and
(C),
725.115(a)
and
(d), 724.116(a)
and (d),
724.134,
724.137,
724.151,
724.173, 724.212(a),
and 724.274 by failing to
obtain the proper permits for the storage of hazardous waste
materials and the improper storage of hazardous waste materials.
Pursuant to 415 ILCS
5/31(a) (2),
the parties filed a joint
motion requesting relief from the Act’s hearing requirement on
November
1,
1995.
The Board published a notice of the waiver on
November
5,
1995; no objection to the granting of the waiver was
received.
Waiver of hearing is hereby granted.
The parties filed
a
Stipulation and Settlement Agreement on
November
1,
1995.
The Stipulation sets forth facts relating to
the nature, operations and circumstances surrounding the claimed
violations.
TRA
admits the alleged violations and agrees to pay
a civil penalty of ten thousand dollars
($10,000.00).
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.
This opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
2
ORDER
1)
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of
Illinois and
TRA
concerning its facility located in the
City of Madison, Madison County,
Illinois.
The
Stipulation and Settlement Agreement are incorporated
by reference as though fully set forth herein.
2)
TRA
shall pay the sum of ten thousand dollars
($10,000.00)
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
The certified check or money order shall clearly
indicate on its face, TRA’s Federal Employer
Identification Number 436003713 and that payment
is
directed to the Environmental Protection Trust Fund.
A copy of the payment check shall be sent to:
Illinois Attorney General’s Office
Attn:
Donna Lutes
Environmental Bureau
500 S. Second St.
Springfield, Illinois 62706
Any such penalty not paid within the time prescribed
shall incur interest at the rate set forth in
subsection
(a)
of Section 1003 of the Illinois Income
Tax Act,
(35 ILCS 5/1003), as now or hereafter amended,
from the date payment is due until the date payment is
received.
Interest shall not accrue during the
pendency of an appeal during which payment of the
penalty has been stayed.
3)
TRA
shall cease and desist from the alleged violations.
IT IS SO ORDERED.
Board Member
3.
Theodore Meyer dissented.
Section 41 of the Environmental Protection Act
(415 ILCS
3
5/41) provides for the appeal of final Board orders within 35
days of the date of service of this order.
(See also 35
Ill.
Adm. Code 101.246, Motion for Reconsideration.)
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certif
that the abgve opinion and order was
adopted on the
_______
day of
___________________,
1995,
by
a
vote of
_______
(2
~/
,~
Dorothy M//Gunn, Clerk
Illinois~ollutionControl Board