ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    WAGNER CASTINGS COMPANY,
    Respondent.
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    PCB 01-161
    (Enforcement – Air)
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On May 29, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People) filed a four-count complaint against Wagner Castings Company.
    See
    415 ILCS 5/31(c)(2) (2000). The People alleged that respondent violated Section 21(e) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(e) (2000)); and Sections 722.111,
    722.120(a), and 728.135(a) of the Board’s regulations (35 Ill. Adm. Code 722.111,
    722.120(a), 728.135(a)). The People further alleged that respondent employed L&R Container
    to haul calcium carbide, a hazardous waste, without a manifest to the Macon County landfill,
    which is not authorized to accept hazardous waste. According to the complainant, Wagner
    Castings Company consequently violated the above provisions by improperly disposing of
    hazardous waste from its facility at 1275 E. Sangamon Street, Decatur, Macon County;
    constructing and operating emission sources and air pollution control equipment without first
    obtaining permits; and failing to timely obtain such permits from the Illinois Environmental
    Protection Agency.
    On May 24, 2002, the People and Wagner Castings Company 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) (2000)). This filing is authorized by Section
    31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). Under
    the proposed stipulation, Wagner Castings Company does not affirmatively admit the alleged
    violations in the complaint and agrees to pay a civil penalty of $115,000.
    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 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) (2000); 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 June 6, 2002, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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