ILLINOIS POLLUTION CONTROL BOARD
December 20, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ARONA CORPORATION, an Iowa
corporation d/b/a AARON’S SALES &
LEASE OWNERSHIP,
Respondent.
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PCB 08-8
(Enforcement – Water, Land)
ORDER OF THE BOARD (by N.J. Melas):
On July 18, 2007, the Attorney General, on her own motion and at the request of the
Illinois Environmental Protection Agency (People), filed a four-count complaint against Arona
Corporation, an Iowa corporation, d/b/a, Aaron’s Sales & Lease Ownership (Arona or
respondent).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The complaint
concerns the August 16, 2006 discharge of between 2 and 20 gallons of gasoline into a storm
sewer and onto the ground of respondent’s facility at 3730 East State Street, Rockford,
Winnebago County. The parties now seek to settle without a hearing. For the reasons below, the
Board directs the Clerk to provide public notice of the parties’ stipulation, proposed settlement,
and request for relief from the hearing requirement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (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 respondent violated Sections 12(a), 12(d),
21(a), and 21(e) of the Act (415 ILCS 5/12(a), 12(d), 21(a), and 21(e) (2006)). The People
further allege that respondent violated these provisions by causing or tending to cause water
pollution, depositing any contaminant upon land so as to create a water hazard, causing or
allowing open dumping, and the improper disposal of waste.
On November 14, 2007, the People and Arona 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, Arona
admits the alleged violations, and agrees to pay a civil penalty of $6,000.
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
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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) (2006); 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 December 20, 2007, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board