ILLINOIS POLLUTION CONTROL BOARD
August 22, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PETROLEUM FUEL & TERMINAL
COMPANY, a Missouri corporation,
Respondent.
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PCB 03-17
(Enforcement - Air)
ORDER OF THE BOARD (by C.A. Manning):
On August 20, 2002, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a two-count complaint against Petroleum Fuel & Terminal
Company (respondent).
See
415 ILCS 5/31(c)(1) (2000)
as amended by
P.A. 92-0574, eff.
June 26, 2002; 35 Ill. Adm. Code 103.204. The People allege that respondent violated Section
9(a) of the Environmental Protection Act (Act) (415 ILCS 5/9(a) (2000)) and 35 Ill. Adm.
Code 201.141. The People further allege that respondent violated these provisions by causing
or allowing fires in asphalt storage tanks on July 10, 2001 and August 15, 2001 that discharged
contaminants into the environment so as to cause or tend to cause air pollution. The complaint
concerns respondent’s fuel storage and terminal facility in Granite City, Madison County.
Additionally on August 20, 2002, 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) (2000)
as amended by
P.A. 92-0574, eff.
June 26, 2002). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2)
(2000)
as amended by
P.A. 92-0574, eff. June 26, 2002).
See
35 Ill. Adm. Code 103.300(a).
Under the proposed stipulation, respondent does not admit the alleged violations, but agrees to
pay a civil penalty of $22,000. Additionally, respondent agrees to performance of a
Supplemental Environmental Project or payment of an additional $28,000 in penalties if it fails
to do so.
Unless the Board determines that a hearing is needed, the Board must cause notice of
the stipulation, proposed settlement, and request for relief from the hearing requirement. Any
person may file a written demand for hearing within 21 days after receiving the notice. If
anyone timely files a written demand for hearing, the Board will deny the parties’ request for
relief and hold a hearing. 415 ILCS 5/31(c)(2) (2000)
as amended by
P.A. 92-0574, eff. June
26, 2002; 35 Ill. Adm. Code 103.300(b), (c). The Board directs the Clerk of the Board to
provide the required notice.
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on August 22, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board