ILLINOIS POLLUTION

CONTROL BOARD

April

4,

1996

PEOPLE OF THE STATE

OF ILLINOIS,

)

)

Complainant,

)

)

PCB

95-135

v.

)

(Enforcement

-

Special Waste Hauling)

)

YESLEY SERVICE COMPANY,

INC.,

)

)

Respondent.

)

OPINION AND ORDER OF THE BOARD

(by R.C.

Flemal):

This matter comes beforethe Board

upon a two-count complaint filed April

24,

1995,

by the Attorney General of the

State of Illinois, on behalf of the Illinois

Environmental

Protection Agency and

the People of the State of Illinois,

against Yesley Service Company,

Inc.(Yesley), an Illinois corporation located in Steelville,

Randolph County.

The complaint

alleges

that Yesley has violated Sections 21(a),

21(d) and 21(p) of the Illinois

Environmental

Protection Act

(Act),

(415 ILCS

5/21(a),

21(d), 21(p) (1994)) and 35

Ill.

Adm.

Code

808.121

by

failure

to provide a special waste determination and by

allowing the open dumping of waste

materials.

Pursuant to 415

ILCS

5/31

(a)(2), the parties filed a joint motion requesting relief from

the Act’s hearing requirement on March

1,1996.

The Board published a notice of the waiver

on March

6,

1996;

no objection to the granting of the waiver was received.

Waiver of

hearing

is hereby granted.

The parties filed a

Stipulation and

Settlement Agreement on February

20,

1996.

The

Stipulation sets

forth facts relating

to

the nature, operations, and circumstances surrounding

the claimed violations.

Yesley denies the alleged violations

and agrees to pay

a civil

penalty of

five thousand dollars

($5,000.00).

The Board finds the settlement agreement acceptable under

35

Ill.

Adm.

Code

103.180.

This

settlement agreement in no way affects respondent’s

responsibility to comply

with any

federal, state or local regulations,

including but not

limited to

the Act and the Board’s

pollution control regulations.

This opinion constitutes the Board’s findings of fact and

conclusions of law in this

matter.

---

ORDER

1)

The Board

hereby accepts

the Stipulation and

Settlement Agreement executed by

the People ofthe

State

of Illinois

and Yesley Service Company, Inc.,

an Illinois

corporation located

in Steelville,

Randolph County.

The Stipulation and

Settlement Agreement are incorporated by

reference as though ftilly

set forth

herein.

2)

Yesley

shall pay

the sum of five thousand dollars ($5,000.00) within 60 days of

the date of this

Order.

Such payment shall be

made by certified check or

money order payable

to

the Treasurer of the

State ofIllinois,

designated to the

Environmental Protection Trust

Fund,

and

shall be sent by First Class mail to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill

Road

P.O.

Box

19276

Springfield,

IL 62794-9276

The certified check or money order shall clearly indicate on

its Yesley’s Federal

Employer

Identification Number and

that payment is directed to the

Environmental

Protection Trust Fund.

Any such penalty not paid within the time prescribed shall incur interest at the

rate set forth in subsection (a) of Section

1003 of the Illinois Income Tax Act,

(35 ILCS

5/1003),

as now or hereafter amended,

from the date payment

is due

until the date payment is

received.

Interest shall not accrue during the pendency

of an appeal during

which payment ofthe penalty has been stayed.

3)

Yesley shall cease and desist from the alleged violations.

Section 41 of the Environmental Protection Act (415 ILCS 5/41

(1994)) provides for

the appeal of final Board

orders within

35

days of the date of service ofthis

order.

The Rules

of the Supreme Court of Illinois establish filing

requirements.

(See

also 35

Iii.

Adm.

Code

101.246

“Motions for Reconsideration.”)

I, Dorothy M. Gunn,

Clerk of the Illinois PoJ.ju~ionControl B,p~rd,hereby certify that

the above opinion and

order was adopted on the

‘7’~”~

day of (~-~4i.~_

.~.

,

1996 by

avoteof

7o

.

(:1/

Illinois

Pollution Cqntrol Board