ILLINOIS POLLUTION CONTROL BOARD
    October 5, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    WALLACE, INC., an Illinois corporation,
    Respondent.
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    PCB 00-44
    (Enforcement – RCRA, Land)
    OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
    On August 24, 2000, the complainant filed a stipulation and proposal for settlement accompanied by a
    motion requesting relief from the hearing requirement of Section 31(c)(1) of the Environmental Protection Act (Act)
    (415 ILCS 5/31(c)(1) (1998)).
    Pursuant to Section 31(c)(2) of the Act, the Board, by order of September 7, 2000, caused publication of the
    required newspaper notice of the stipulation and proposal for settlement and request for relief from the hearing
    requirement. The Board did not receive any requests for hearing. Accordingly, the Board grants a waiver from the
    hearing requirement.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this matter. In its
    complaint, the complainant alleged that the respondent violated Section 21(d) of the Act (415 ILCS 5/21(d) (1998))
    and Sections 725.111, 725.113, 725.114, 725.115, 725.116, 725.131, 725.173, 725.175, 725.212, 725.242, 725.271,
    725.274, and 808.121 of the Board’s land pollution regulations (35 Ill. Adm. Code 725.111, 725.113, 725.114,
    725.115, 725.116, 725.131, 725.173, 725.175, 725.212, 725.242, 725.271, 725.274, and 808.121). Complainant alleges
    that the respondent committed these violations by unlawfully disposing of hazardous waste and by failing to comply
    with various hazardous waste handling regulations. These violations are alleged to have occurred at respondent’s
    automobile dealership in Jackson County, Illinois.
    The stipulation and proposal for settlement sets forth the facts relating to the nature, operations, and
    circumstances surrounding the allegations in the complaint. Respondent agrees to pay a total civil penalty of $2,000.
    Respondent must continue to comply with any federal, State, or local regulations including, but not limited to, the
    Act and the Board’s regulations. Respondent also agrees to undertake a Resource Conservation and Recovery Act
    closure plan previously approved by the Illinois Environmental Protection Agency.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this matter.
    ORDER
    1.
     
    The Board hereby accepts the stipulation and proposal for settlement executed by the People of the
    State of Illinois and Wallace, Inc., regarding a facility located in Jackson County, Illinois. The
    stipulation and proposal for settlement is incorporated by reference as if fully set forth herein.
     
    2.
     
    Respondent shall pay the sum of $2,000 within 30 days of the date of this order. Such payment
    shall be made by certified or corporate check, payable to the Treasurer of the State of Illinois,
    designated to the Environmental Protection Trust Fund. The case number, case name, and
    respondent’s federal employer identification number (37-0790490) shall also be included on the
    check.
     
    3.
     
    The certified or corporate check shall be sent by first class mail to:
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    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted to:
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    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(a) (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 implement the Illinois Environmental Protection Agency approved Resource
    Conservation and Recovery Act closure plan within 60 days of this order.
     
    6.
     
    Respondent shall cease and desist from the alleged violations.
    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion and
    order was adopted on the 5th day of October 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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