ILLINOIS POLLUTION CONTROL BOARD
    August 6, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    THE CENTRAL ILLINOIS CONFERENCE
    OF THE UNITED METHODIST CHURCH,
    an Illinois not-for-profit corporation,
    Respondent.
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    PCB 98-85
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    On June 15, 1998, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter.
    The complaint alleged that respondent violated Sections 21(a), 21(e), 21(f), and 22.2(f) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(a), 21(e), 21(f), 22.2(f) (1996)) and 35
    Ill. Adm. Code 725.113, 703.121, 703.150, 725.114, 725.115, 725.116, 725.117, 725.131,
    725.132, 725.133, 725.134, 725.137, 725.151, 725.155, 725.156, 725.173, 725.175,
    725.177, 725.190, 725.191, 725.192, 725.193, 725.212, 725.218, 725.242, 725.243,
    725.244, 725.245, 725.273, 725.409, 725.412, 725.414, and 728.109, by causing or allowing
    open dumping; improperly disposing of waste; operating a hazardous waste storage facility
    without a permit; failing to develop and follow a written waste analysis plan; violating
    operating requirements for a hazardous waste storage/disposal facility; violating land disposal
    requirements; failing to implement and maintain a contingency plan; failing to appoint an
    emergency coordinator; failing to maintain an operating log; failing to submit an annual
    report; failing prepare and implement a groundwater sampling and monitoring program; failing
    to maintain a closure plan; failing to maintain a post-closure plan; failing to provide cost
    estimates for closure; failing to provide financial assurance for closure; failing to provide cost
    estimates and financial assurance for post-closure; and violating the record keeping
    requirement.
    Pursuant to Section 31(a)(2) of the Act (415 ILCS 5/31(a)(2) (1996)), the Board 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 stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $15,000
    and an additional $40,076 to reimburse the Illinois Environmental Protection Agency for costs
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    it incurred at the site. Respondent must continue to comply with any federal, State, or local
    regulations including, but not limited to, the Act and the Board’s regulations.
    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 settlement agreement executed by
    the People of the State of Illinois and Central Illinois Conference of the United
    Methodist Church, an Illinois not-for-profit corporation, regarding its facility
    commonly known as East Bay Camp, located at RR2, Hudson, McClean
    County, Illinois. The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2.
    Respondent shall make two settlement payments as follows:
    a.
    within thirty (30) days from the date of this final Board order
    approving the parties’ stipulation and proposal for settlement,
    respondent shall pay $40,076 by certified check (or money order)
    payable to the Treasurer of the State of Illinois, designated to the
    Illinois Hazard Waste Fund to reimburse the Illinois
    Environmental Protection Agency for cost incurred at the site;
    and
    b. within thirty (30) days from the date of this final Board order
    approving the parties’ stipulation and proposal for settlement,
    respondent shall pay a civil penalty of $15,000 by certified check
    (or money order) payable to the Treasurer of the State of Illinois,
    designated to the Environmental Protection Trust Fund.
    The case number, case name, and respondent’s social security number or federal
    employer identification number shall also be included on the check or (or money
    order).
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
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    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Susan W. Horn
    Assistant Attorney General’s Office
    Office of the Illinois Attorney General
    100 West Randolph Street
    Chicago, Illinois 60601
    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), 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 cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days 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 6th day of August 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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