ILLINOIS POLLUTION CONTROL BOARD
    July 23, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    LANDFILL 33 LTD., an Illinois
    corporation,
    Respondent.
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    PCB 94-369
    (Enforcement - Land)
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    On June 17, 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 9(a), 9(c), 12(a), 21(d), 21(d)(2),
    21(o)(1), 21(o)(4), 21(o)(5), 21(o)(7), and 21(o)(12) of the Environmental Protection Act
    (Act)
    (
    (
    415 ILCS 5
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    9(a), 9(c), 12(a), 21(d), 21(d)(2), 21(o)(1), 21(o)(4), 21(o)(5), 21(o)(7),
    and 21(o)(12) (1996)) and 35 Ill. Adm. Code 807.303(a) and (b), 807.304, 807.305, 807.306,
    807.310(b), 807.311, 807.312, and 807.314(c) by failing to maintain adequate daily cover,
    accepting special waste without receiving the necessary permits, control access to the landfill,
    control and collect litter, provide sufficient personnel on site, improperly compacting and
    spreading waste, by causing or allowing refuse to be located in standing or flowing water,
    burning refuse, and causing or allowing refuse to be deposited from the top down.
    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 denies
    the alleged violations and agrees to pay a civil penalty of $27,500. Respondent must continue
    to comply with any federal, State, or local regulations including, but not limited to, the Act
    and the Board’s regulations.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Landfill 33 Ltd., an Illinois corporation,
    concerning its facility located in Effingham County, Illinois. The stipulation
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    and settlement agreement is incorporated by reference as though fully set forth
    herein.
    2.
    Respondent shall pay the sum of $27,500 concluding no later than January 19,
    1999. Payment shall be made pursuant to the following schedule:
    a.
    $5,000 within thirty (30) days from the date of this final Board
    order approving the parties’ stipulation and proposal for
    settlement; and
    b. thereafter a payment of $5,000 shall be due every thirty (30) days
    after the due date of the previous payment. A final payment of
    $2,500 is due 180 days after the entry of this order.
    Such payment shall be made 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 money order) and should clearly indicate that payment is directed to
    the Environmental Protection Trust Fund.
    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
    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 (199 proposal for 6)), 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.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 23rd
      
    day of July 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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