ILLINOIS POLLUTION CONTROL BOARD
    September 16, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ENVIRONMENTAL RECLAMATION
    COMPANY, an Illinois corporation,
    Respondent.
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    PCB 07-42
    (Enforcement – Land)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 20, 2006, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a two-count complaint against Environmental Reclamation
    Company (ERC). The complaint concerns ERC’s sanitary landfill located at West Route 316 in
    Charleston, Coles County. The parties now seek to settle without a hearing. For the reasons
    below, the Board directs the Clerk to provide notice of the stipulation, proposed settlement, and
    request for relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. In this case, the People allege that ERC violated Sections 12(a), 12(f), 21(d), and
    21(o) of the Act (415 ILCS 5/12(a) 12(f), 21(d), 21(o) (2006)) and Sections 811.103(a) and
    811.106(a) of the Board’s regulations (35 Ill. Adm. Code 811.103(a), 811.106(a)). The People
    further allege that ERC violated these provisions by (1) failing to properly cover landfill waste
    by placing a uniform layer of at least six inches of clean soil material on top of the landfill waste
    by the end of each day of operation; (2) causing, threatening, or allowing the discharge of
    contaminants into Riley Creek so as to cause or tend to cause water pollution; (3) causing,
    threatening, or allowing the discharge of contaminants into Riley Creek without a National
    Pollutant Discharge Elimination System (NPDES) permit for point source discharges issued by
    the Illinois Environmental Protection Agency; and (4) by failing to properly control storm water
    runoff from the site.
    On September 2, 2008, the People and ERC 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2006)), which requires that the public have an opportunity to request a hearing
    whenever the State and a respondent propose settling an enforcement action without a public
    hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, ERC does not
    affirmatively admit the alleged violations but agrees to pay a civil penalty of $8,500.
    2
    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.
    See
    415 ILCS 5/31(c)(2); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 16, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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