ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    UNION PACIFIC RAILROAD, a Delaware
    corporation,
     
    Respondent.
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    PCB 01-156
    (Enforcement - Air)
          
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 17, 2001, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Union Pacific Railroad.
    See
    415 ILCS 5/31.1(c)
    (2002); 35 Ill. Adm. Code 108.202(c). The People allege that Union Pacific Railroad violated
    Section 9(a) of the Environmental Protection Act (Act) (415 ILCS 5/9(a) (1998)) and Section
    201.141 of the Board’s regulations (35 Ill. Adm. Code 201.141. The People further allege that
    Union Pacific Railroad violated these provisions by releasing styrene vapors and associated
    vapors, and polymerized styrene product, into the air. The complaint concerns Union Pacific
    Railroad’s tanker car GTAX 54407 as it moved through the town of Rockwood in Randolph
    County.
     
    On December 23, 2002, the People and Union Pacific Railroad 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). The Board
    provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
    notice was published in the
    Randolph County Herald Tribune
    on January 23, 2003, and the
    Southern Illinoisan
    on January 30, 2003. The Board did not receive any requests for hearing.
    The Board grants the parties’ request for relief from the hearing requirement.
    See
    415 ILCS
    5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
    stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
    Union Pacific Railroad’s operations. Section 103.302 also requires that the parties stipulate to
    facts called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002)). The People and Union
    Pacific Railroad have satisfied Section 103.302. Union Pacific Railroad does not admit the
    alleged violations but agrees to pay a civil penalty of $50,000. The Board accepts the stipulation
    and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
    2
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Union Pacific Railroad must pay a civil penalty of $50,000 no later than
    March 22, 2003, which is the 30th day after the date of this order. Union Pacific
    Railroad must pay the civil penalty by certified check or money order, payable to
    the Environmental Protection Trust Fund. The case number, case name, and
    Union Pacific Railroad’s social security number or federal employer identification
    number must be included on the certified check or money order.
     
    3. Union Pacific Railroad must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5. Union Pacific Railroad must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
     
      
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on March 6, 2003, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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