ILLINOIS POLLUTION CONTROL BOARD
    June 3, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ONYX ENVIRONMENTAL SERVICES,
    L.L.C., a Delaware limited liability company,
    and AURA II, INC., a Wisconsin corporation,
     
    Respondents.
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    PCB
    04-98
     
    (Enforcement - Air, Land, Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 18, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Onyx Environmental Services, L.L.C. (Onyx
    Environmental Services) and Aura II, Inc. (Aura II) (collectively, respondents).
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that the respondents violated
    Sections 9(a), 12(a) and (d), and 21(a) and (b) of the Environmental Protection Act (Act) (415
    ILCS 5/9(a), 12(a) and (d), and 21(a) and (b) (2002)). The People further allege that the
    respondents violated these provisions by causing or allowing the discharge of acid vapor and
    waste from a tanker truck in transport on Interstate 94 in Lake County so as to cause or allow air
    and water pollution, by creating a water pollution hazard, and by causing or allowing open
    dumping and abandonment of waste.
     
    On May 26, 2004, the People and Onyx Environmental Services and the People and Aura
    II filed two separate stipulation and proposed settlements, each 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)).
    These filings are 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 between the People and Onyx
    Environmental Services, Onyx Environmental Services neither admits nor denies the alleged
    violation but agrees to pay a civil penalty of $85,000. Under the proposed stipulation between
    the People and Aura II, Aura II neither admits nor denies the alleged violation but agrees to pay a
    civil penalty of $40,000.
     
    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.
     
     
     
      
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 3, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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