ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ENVIROFIL OF ILLINOIS, INC., an Illinois
    corporation,
    Respondent.
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    PCB 00-172
    (Enforcement – Land, Water)
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    On April 7, 2000, the People of the State of Illinois (People) filed a five-count complaint
    against respondent Envirofil of Illinois, Inc. (Envirofil), a landfill operator. The complaint
    alleges Envirofil caused water pollution, failed to perform corrective action assessments,
    operated without prior conduct certification, failed to manage methane emissions, and failed to
    manage storm water discharges at its landfill in Macomb, McDonough County, Illinois. These
    activities were in alleged violation of Sections 12(a), 21(d) and 21(o)(11) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(a), 21(d), (o)(11) (1998)), the Board’s landfill regulations at
    35 Ill. Adm. Code 745.201(b), 807.313, and special conditions VI.4, VII.14, VII.17, and X.7 of
    Envirofil’s significant modification permit.
    On November 2, 2000, the parties filed a joint stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)). Pursuant to Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (1998)), the Board caused publication of the required newspaper notice of the
    stipulation and proposal for settlement and request for relief from the hearing requirement. The
    notice appeared in
     
    The Macomb Journal
    on November 6, 2000. The Board did not receive any
    requests for hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Envirofil admits to
    the violations alleged by the People and agrees to pay a civil penalty of $45,000.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Envirofil must continue to comply with any federal, State, or local regulations including,
    but not limited to, the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
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    ORDER
    1. The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Envirofil. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
    2. Envirofil must pay the sum of $45,000. Payment must be made within 30 days of
    the date of this order, that is, on or before January 6, 2001. Such payment must be
    made by certified check or money order payable to the Illinois Environmental
    Protection Agency, designated to the Environmental Protection Trust Fund. The
    case number, case name, and Envirofil’s Federal Employer Identification number
    37-095-7555 must also be included on the certified check or money order and
    clearly indicate that payment is directed to the Environmental Protection Trust
    Fund.
    3. The check or money order must be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    4. 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 (1998)), as now or hereafter amended, from the date payment is due
    until the date payment is received. Interest does not accrue during the pendency
    of an appeal during which payment of the penalty has been stayed.
    5. Envirofil must cease and desist future alleged violations of any federal, State, or
    local statutes and regulations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
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    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill.
    2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above opinion and order was adopted on the 7th day of December 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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