ILLINOIS POLLUTION CONTROL BOARD
March 19, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
QUAD-COUNTY READY MIX
CORPORTATION, an Illinois corporation,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 06-181
(Enforcement – Air, Land, Water)
OPINION AND ORDER OF THE BOARD (by G.L. Blankenship):
On June 2, 2006, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a complaint against Quad-County Ready Mix
Corporation (Quad-County Ready Mix) concerning Quad-County Ready Mix’s concrete
ready mix plant at 3000 Old Fullerton, Swansea, St. Clair County..
See
415 ILCS
5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). 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 on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2006); 35
Ill. Adm. Code 103. In this case, the People allege that Quad-County Ready Mix
Corporation violated Sections 9(a) and (c); 9.1(d); 9.13(b); 12(a) (d), and (f); and 21(a),
(e), and (p) of the Act (415 ILCS 5/9(a) and (c); 9.1(d); 9.13(b); 12(a) (d), and (f); and
21(a), (e), and (p) (2004)); 35 Ill. Adm. Code 201.141; and federal regulations on
National Emission Standards for Hazardous Air Pollutants (NESHAP) for asbestos 40
C.F.R. §61.145(a), (b), and (c) and 61.150
1
1
Section 9.1(d)(1) of the Act prohibits persons from violating any provisions of Section
111, 112, 165 or 173 of the federal Clean Air Act (CAA) or federal regulations adopted
thereunder. 415 ILCS 5/9.1(d)(1) (2006). Under Section 112 of the CAA (42 U.S.C.
§7412), the United States Environmental Protection Agency adopted NESHAP
regulations for asbestos
.
. The People allege that Quad-County Ready
Mix Corporation violated these provisions by (1) violating asbestos-handling notification
and fee payment requirements; (2) failing to follow applicable asbestos emission control
procedures; (3) improperly disposing or regulated asbestos-containing materials; (4)
causing or tending to cause air pollution; (5) open dumping of tires; (6) open burning; (7)
causing, threatening, or allowing water pollution; and (8) causing, threatening, or
allowing the discharge of a contaminant into the waters of the State without a National
2
Pollutant Discharge Elimination System permit. The complaint concerns Quad-County
Ready Mix’s
On February 11, 2009, the People and Quad-County Ready Mix Corporation filed
a stipulation and proposed settlement, accompanied by a request for relief from the
hearing requirement of Section 31(c)(1) of the Environmental Protection Act (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)).
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
Belleville News Democrat
on February 12, 2009. The Board did not
receive any requests for hearing. The 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. 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 Quad-County Ready Mix’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)). The People and Quad-County Ready Mix have satisfied Section 103.302.
Quad-County Ready Mix neither admits nor denies the alleged violations and agrees to
pay a civil penalty of $30,000.00. 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.
Quad-County Ready Mix must pay a civil penalty of $30,000.00 no later
than April 20, 2009, which is the 30th day after the date of this order.
Quad-County Ready Mix must pay the civil penalty by certified check or
money order, payable to environmental protection trust fund. The case
number, case name, and Quad-County Ready Mix social security number
or federal employer identification number must be included on the
certified check or money order.
3.
Quad-County Ready Mix must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
3
Quad-County Ready Mix must send a copy of the certified check or
money order and any transmittal letter to:
Michael D. Mankowski
Assistant Attorney General
Environmental Bureau
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 6270
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.
Quad-County Ready Mix 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.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify
that the Board adopted the above opinion and order on March 19, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
