ILLINOIS POLLUTION CONTROL BOARD
September 6, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MACON COUNTY LANDFILL
CORPORATION,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 02-15
(Enforcement – Water)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On July 31, 2001, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a three-count complaint against Macon County
Landfill Corporation (Landfill).
See
415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code
103.204. The People allege that Landfill violated Sections 12(e), 12(f), and 21(o) of the
Environmental Protection Act (Act) (415 ILCS 5/12(e), 21(f), 21(o) (2000)) and Section
309.102(a) of the Board’s water pollution regulations at 35 Ill. Adm. Code 309.102(a).
The People further allege that Landfill violated these provisions by causing, threatening
or allowing water pollution, by causing, threatening or allowing the discharge of
contaminants without or in violation of a National Pollutant Discharge Elimination
System permit, and conducting a sanitary landfill operation that results in refuse in
standing or flowing waters or leachate entering the waters of the State. The complaint
concerns Landfill’s facility in Macon County.
On July 31, 2001, the People and Landfill 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
Herald and Review.
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 Landfill’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 Landfill have satisfied Section 103.302. Landfill neither admits nor denies
the alleged violations and agrees to pay a civil penalty of $75,000 in addition to timely
completing three specified Supplemental Environmental Projects (SEPs). The stipulation
2
also contains what the parties characterize as a $25,000 “penalty offset”. In essence, if
Landfill fails to timely complete the SEPs, under specified conditions it must pay an
additional $25,000 penalty. See Order below, paragraph 7. The Board accepts the
stipulation and proposed settlement.
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.
Macon County Landfill Corp. (Landfill) must pay a civil penalty of
$75,000 no later than October 6, 2001, which is the 30th day after the date
of this order. Landfill must pay the civil penalty by certified check or
money order, payable to the Environmental Protection Trust Fund. The
case number, case name, and Landfill’s social security number or federal
employer identification number must be included on the certified check or
money order.
3.
Landfill 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.
Landfill must cease and desist from the alleged violations.
6.
Landfill must undertake and implement three SEPS provided Landfill
received all necessary permits from the Agency and other governmental
bodies with jursidiction. The three SEPs are: (1) additional LFG system
improvements; (2) landscaping improvements; and (3) other
improvements.
7.
The parties have agreed to a penalty offset of $25,000. In the event that
Landfill fails to substantially complete the SEPs by January 1, 2003,
provided that Landfill has received all necessary permits from the Agency
and other governmental bodies with jurisdiction, and fails to remedy the
same within 30 days after notice from the Agency specifying such failure
3
(provided, however, that if such failure by nature is not capable of being
cured within such time period and Landfill promptly commences to cure
and diligently pursues the cure, the Landfill shall have 60 days after notice
thereof to cure), then Landfill must pay an additional monetary penalty of
$25,000 within 60 days following the expiration of applicable cure period
in the manner and to the fund specified above.
8.
Landfill must implement the Stormwater Pollution Prevention Plan until
such time the Agency has approved an alternate plan in the form of
modification to Landfill’s operation permit.
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on September 6, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois
Pollution
Control
Board