ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    RIVERDALE RECYCLING, INC., an Illinois
    corporation, and TRI-STATE DISPOSAL,
    INC., an Illinois corporation,
     
    Respondents.
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    PCB
    03-73
     
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On November 19, 2002, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Riverdale Recycling, Inc. and Tri-State
    Disposal, Inc. (respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The
    People allege that the respondents violated Section 21(a) and (d) of the Environmental Protection
    Act (Act) (415 ILCS 5/21(a) and (d) (2002)). The People further allege that the respondents
    violated these provisions by open dumping of waste and waste storage without a permit. The
    complaint concerns the respondents’ waste transfer and recycling facility at 13901 South
    Ashland, Riverdale, Cook County.
     
    On December 22, 2003, the People and the respondents 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) (
    2002)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the respondents neither admit nor deny the alleged violations, but agree to pay a civil
    penalty of $9,000.
     
    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); 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 January 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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