ILLINOIS POLLUTION CONTROL BOARD
    April 20, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ROCKFORD SPEEDWAY, INC., an Illinois
    corporation,
    Respondent.
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    PCB 97-59
    (Enforcement - Land)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On March 20, 2000, the parties filed a stipulation and proposal for settlement.
    Respondent is the operator of a sanitary landfill. The Board accepts the stipulation and proposal
    for settlement filed by the parties in this matter. The amended complaint alleged that respondent
    violated Sections 21(d)(2), 21(o)(7), and 55 of the Environmental Protection Act (Act) (415
    ILCS 5/21(d)(2), 21(o)(7), 55 (1998)); and the Board’s solid waste disposal regulations at 35
    Ill. Adm. Code 745.124, 807.302, 807.303, 807.304, 807.503, 807.523, 807.601, 807.623,
    and 848.202(b) by failing to file a closure and post-closure plan, failing to provide financial
    assurances, failing to submit biennial revision, disposal of used waste tires on private property,
    committing recordkeeping and reporting violations, inadequate spreading and compaction of
    refuse, inadequate depth of daily cover, violating permit conditions, and failing to submit
    certificate of prior conduct.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The notice appeared in the
    Rockford Register
    Star
    on March 11, 2000. The Board did not receive any requests for hearing. Accordingly,
    the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent neither
    admits nor denies the alleged violations and agrees to pay a civil penalty of $8,000.
    Respondent must continue to comply with any federal, State, or local regulations including, but
    not limited to, the Act and the Board’s 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 Rockford Speedway, Inc., an Illinois
    corporation, regarding its facility located on Forest Hills Road and West Lane
    Road, Rockford, Winnebago County, Illinois. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
    2.
    The respondent shall pay the sum of $8,000 in two payments of $4,000 over the
    next year. The first payment is due within 30 days of the date of this order; the
    second payment shall be due within 12 months 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. The case number, case name, and the respondent’s federal
    employer identification number 36-2119517 shall also be included on the check
    (or money order) and should clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    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
    (1998)),
    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.
    5.
    Respondent shall cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 20th day of April 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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