ILLINOIS POLLUTION CONTROL BOARD
    November 21, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF HERRIN,
    Respondent.
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    PCB 95-158
    (Enforcement - Land)
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board upon a four-count complaint filed May 30, 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 the City of Herrin, located in
    Williamson County, Illinois. The complaint alleges that the City of Herrin violated Sections
    21(d)(1), (2), and 21(o)(2), (3), (5), (12), of the Illinois Environmental Protection Act
    (Act),(415 ILCS 5/21(d)(1), (2) and 21(o)(2), (3), (5), (12)) and 35 Ill. Adm. Code 807.306,
    807.304(a) - (c), 807.314(e), 807.315 and special conditions of permit No. 1990-353-SP and
    1993-041-SP by disposal of waste outside the permitted boundaries of the landfill, failure to
    use proper fencing, improper maintenance of the side slopes, failure to collect litter, failure to
    apply and/or maintain required daily, intermediate and final cover, and failure to apply proper
    cover to control erosion and to control leachate.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on September 25, 1996. The Board published a notice of the
    waiver on October 3, 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 September 25, 1996. The
    Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. The City of Herrin admits the alleged violation and agrees to pay a civil
    penalty of thirteen thousand dollars ($13,000.00).
    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
    regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement Agreement executed by
    the People of the State of Illinois and the City of Herrin, located in Williamson
    County, Illinois. The Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2)
    The City of Herrin, shall pay the sum of thirteen thousand dollars ($13,000.00)
    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 of Illinois,
    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 face, the City of
    Herrin’s Federal Employer Identification Number and that payment is directed
    to the Environmental Protection Trust Fund.
    3)
    The City of Herrin shall also pay the sum of two thousand dollars ($2,000.00)
    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 of Illinois,
    designated to the Hazardous Waste Fund, in the same manner and to the same
    address provided in paragraph 2 above:
    The certified check or money order shall clearly indicate on its face
    Respondent’s Federal Employer Identification Number or Social Security
    Number and that payment is directed to the Hazardous Waste 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 of the penalty has been stayed.
    4)
    The City of Herrin shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.
    (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 order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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