ILLINOIS POLLUTION CONTROL BOARD
    May 16, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    LAIDLAW CORPORATION, an Illinois
    corporation,
     
    Respondent.
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    PCB 00-33
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On August 20, 1999, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Laidlaw Corporation, an Illinois corporation
    (Laidlaw).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege
    that Laidlaw violated Sections 9(a) and (b), and 39.5(6)(a) of the Illinois Environmental
    Protection Act (Act) (415 ILCS 415 ILCS 5/9(a),(b) and 39.5(6)(a) (2000)), Sections 201.141,
    201.208 and 215.204(j)(5) of the Board’s regulations (35 Ill. Adm. Code 201.141, 201.208
    and 215.204(j)(5)), and condition 7 of its operating permit. The People further allege that
    Laidlaw violated these provisions by allowing excess emissions of volatile organic material
    (VOM) at its facility located in Metropolis, Massac County.
     
    On April 8, 2002, the People and Laidlaw 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)). This filing is authorized by Section 31(c)(2) of the Act (415
    ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of
    the stipulation, proposed settlement, and request for relief, including published notice in the
    Metropolis Planet
    . 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) (2000); 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 Laidlaw’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) (2000)). The People and Laidlaw
    have satisfied Section 103.302. Laidlaw neither admits nor denies the alleged violations and
    agrees to pay a civil penalty of $50,000. The Board accepts the stipulation and proposed
    settlement.
     
     
    2
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Laidlaw must pay a civil penalty of $50,000 no later than June 17, 2002, which
    is the 32nd day after the date of this order, the 30th day being a Saturday.
    Laidlaw must pay the civil penalty 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 Laidlaw’s federal
    employer identification number must be included on the certified check or
    money order.
     
    3. Laidlaw 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) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5. Laidlaw 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) (2000);
    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 May 16, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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