ILLINOIS POLLUTION CONTROL BOARD
    June 17, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BRICKYARD DISPOSAL AND
    RECYCLING, INC. an Illinois corporation,
     
    Respondent.
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    PCB
    04-218
     
    (RCRA Enforcement - Land)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On June 14, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Brickyard Disposal and Recycling, Inc. (Brickyard
    Disposal and Recycling).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The
    People allege that Brickyard Disposal and Recycling violated Section 21(d)(1), (e), and (f)(1) of
    the Environmental Protection Act (Act) (415 ILCS 5/21(d)(1), (e), (f)(1), and (f)(2) (2002)) and
    35 Ill. Adm. Code 703.121.
     
    The People further allege that Brickyard Disposal and Recycling violated these
    provisions by (1) receiving hazardous waste for disposal at a facility that did not meet the
    requirements for a hazardous waste disposal facility; (2) conducting a waste storage, treatment,
    or disposal facility in violation of conditions I 9(33) and I 9(f) of the facility operating permit
    1994-419-LFM Modification 29; and (3) conducting a hazardous waste treatment, storage, or
    disposal facility without a Resource Conservation and Recovery Act (RCRA) permit and in
    violation of RCRA regulations. The complaint concerns Brickyard Disposal and Recycling’s
    municipal solid waste and special waste landfill facility at Danville, Vermilion County.
     
    On June 14, 2004, the People and Brickyard Disposal and Recycling also filed a
    stipulation and proposed settlement, accompanied by a request for relief from the hearing
    requirement of Section 31(c)(1) of the Act (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 Brickyard Disposal and Recycling denies the
    alleged violations but, in lieu of a paying penalty, agrees to engage in a supplemental
    environmental project consisting of disposal and hauling costs of a total value of $40,000
    credited in amounts and at rates provided in the stipulation.
     
    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
     
      
     
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    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.
     
    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 17, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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