ILLINOIS POLLUTION CONTROL BOARD
March 6, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SHERIDAN SAND & GRAVEL CO., an
Illinois corporation,
Respondent.
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PCB 06-177
(Enforcement – Land)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 22, 2006, the People of the State of Illinois (People), on the motion of the
Illinois Attorney General and at the request of the Illinois Environmental Protection Agency,
filed a five-count complaint against Sheridan Sand & Gravel Co., an Illinois corporation
(respondent).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The complaint
concerns the respondent’s sand and gravel mine located at 2679 North 4201 Road, Sheridan,
LaSalle County. The parties now seek to settle without a hearing. For the reasons below, the
Board accepts the parties’ stipulation and proposed settlement.
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 respondent violated Sections 21(k), 55(d)(1),
55(e), 55(g) and 55.6(b) of the Act (415 ILCS 5/21(k), 55(d)(1), 55(e), 55(g), 55.6(b) (2006)),
and Sections 848.202(b)(4) and (5), 848.304(a), 848.304(c), 848.305, and 848.601(a)(1) and (2)
of the Board’s regulations on the management of used and waste tires (35 Ill. Adm. Code
848.202(b)(4), (5), 848.304(a), 848.304(c), 848.305, 848.601(a)(1), (2)). The People further
allege that respondent violated these provisions by failing to register as a tire storage site,
improper storage of used or waste tires, failing to comply with tire storage notification and
recordkeeping requirements, failing to pay the registration fee, and failing to comply with tire
transporter requirements.
On January 22, 2008, the People and respondent 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). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
LaSalle
News-Tribune
on January 28, 2008. The Board did not receive any requests for hearing. The
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Board grants the parties’ request for relief from the hearing requirement.
See
415 ILCS
5/31(c)(2) (2006); 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 respondent’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) (2006)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. Respondent does not
affirmatively admit the alleged violations. The stipulation also addresses the factors of Section
42(h) of the Act (415 ILCS 5/42(h) (2006)), which may mitigate or aggravate the civil penalty
amount. Respondent agrees to pay a civil penalty of $10,000. The People and respondent have
satisfied Section 103.302. 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.
Sheridan Sand & Gravel Co. must pay a civil penalty of $10,000 no later than
April 7, 2008, which is first business day following the 30th day after the date of
this order. Sheridan Sand & Gravel Co. must pay the civil penalty by certified
check or money order payable to the Illinois Environmental Protection Agency
designated to the Illinois Environmental Protection Trust Fund. The case name,
case number, and Sheridan Sand & Gravel Co.’s Federal Employer Identification
Number must appear on the face of the certified check or money order.
3.
Sheridan Sand & Gravel Co. 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
Sheridan Sand & Gravel Co. must send a copy of the certified check or money
order and any transmittal letter to:
Vanessa Vail
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, 18th Floor
Chicago, Illinois 60602
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Paul Jagiello
Assistant Counsel
Illinois Environmental Protection Agency
9511 West Harrison Street
Des Plaines, Illinois 60016
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Sheridan Sand & Gravel Co. must cease and desist from the alleged violations.
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) (2006);
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.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on March 6, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
