ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MACON COUNTY LANDFILL
    CORPORATION,
     
    Respondent.
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    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
     
      
     
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    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
     
      
     
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    (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
     
      

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