ILLINOIS POLLUTION CONTROL BOARD
June 7, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BIG RIVER ZINC CORPORATION, a
Delaware corporation, and ALLIED WASTE
TRANSPORTATION, INC. d/b/a MIDWEST
WASTE, a Delaware corporation,
Respondents.
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PCB 06-151
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On March 28, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Big River Zinc Corporation (Big River Zinc)
and Allied Waste Transportation, Inc. d/b/a Midwest Waste (Allied Waste).
See
415 ILCS
5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Big River Zinc’s zinc
metal and co-product facility at 2401 Mississippi Avenue in Sauget, St. Clair County. The
parties now seek to settle. For the reasons below, the Board accepts the parties’ stipulation and
proposed settlement
1
.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Attorney
General and the State’s Attorneys may bring actions before the Board on behalf of the People to
enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2004); 35 Ill. Adm. Code 103.
In this case, the People allege that Allied Waste violated Section 21(g) of the Act (415 ILCS
5/21(g) (2004)) and 35 Ill. Adm. Code 723.120(a) and 809.301 by accepting waste from Big
River Zinc without a compliant manifest and by conducting a hazardous waste transportation
operation in violation of Board regulations.
On April 10, 2007, the People and Allied Waste 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2004)), 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). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
News-
Democrat
on April 13, 2007. The Board did not receive any requests for hearing. The Board
1
On August 17, 2006, the Board issued an opinion and order in this case, accepting a stipulation
and proposed settlement between the People and Big River Zinc. Allied Waste was not a party
to that settlement.
2
grants the parties’ request for relief from the hearing requirement.
See
415 ILCS 5/31(c)(2)
(2004); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements.
See
35 Ill. Adm. Code 103.302. These requirements
include stipulating to facts on the nature, extent, and causes of the alleged violations and the
nature of Allied Waste’s operations. Section 103.302 also requires that the parties stipulate to
facts called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. The People and Allied
Waste have satisfied Section 103.302. The stipulation also addresses the factors of Section 42(h)
of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil penalty amount.
Allied Waste does not admit the alleged violations and agrees to pay a civil penalty of $4,500
and to perform a supplemental environmental project valued at $16,800. The Board accepts the
stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Allied Waste must pay a civil penalty of $4,500 no later than June 21, 2007,
which is the 14th day after the date of this order. Allied Waste must pay the civil
penalty by certified check, money order, or electronic funds transfer, payable to
the Illinois Environmental Protection Agency, designated to the Illinois
Environmental Protection Trust Fund.
3.
Allied Waste must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Allied Waste must send a copy of the certified check, money order, or record of
electronic funds transfer and any transmittal letter to:
Kristen Laughridge Gale
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Melanie Jarvis
3
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Allied Waste must perform a supplemental environmental project (SEP) by
reserving landfill capacity for waste. The value of the SEP is $16,800 and the
SEP must be performed as specified in the stipulation and proposal for settlement.
5.
Allied Waste must cease and desist from future violations of the Act and Board
regulations that were the subject of the complaint.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on June 7, 2007, by a vote of4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
