ILLINOIS POLLUTION CONTROL BOARD
    August 1, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    KERR-MCGEE REFINING
    CORPORATION, a Delaware corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 96-169
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    This matter comes before the Illinois Pollution Control Board (Board) upon a one-count
    complaint filed January 31, 1996, 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
    Kerr-McGee Refining Corporation (Kerr-McGee), a Delaware corporation located at 2nd
    Avenue and North Main, White Hall, Greene County, Illinois. An amended complaint was
    filed on May 22, 1996. The complaint alleges that Kerr-McGee violated Section 12(a) of the
    Illinois Environmental Protection Act (Act) (415 ILCS 5/12(a)) and 35 Ill. Adm. Code
    620.405 and 620.420(c) by causing or allowing water pollution.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on June 3, 1996. The Board published a notice of the waiver on
    June 13, 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 June 3, 1996. The
    Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. Kerr-McGee denies the alleged violations but agrees to pay a civil penalty
    of thirty-five thousand dollars ($35,000.00).
    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.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement Agreement executed by
    the People of the State of Illinois and Kerr-McGee Refining Corporation (Kerr-
    McGee), concerning its facility located at 2nd Avenue and North Main, White
    Hall, Greene County, Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth herein.
    2)
    Kerr-McGee, shall pay the sum of thirty-five thousand dollars ($35,000.00)
    within 30 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, Kerr-
    McGee’s Federal Employer Identification Number 73-0974954 and that
    payment is directed to the Environmental Protection Trust Fund. A copy of the
    payment transmittal and check shall be simultaneously submitted to both of the
    following:
    Donna Lutes
    Environmental Bureau
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, Illinois 62706
    Robert Scherschlight
    Illinois Environmental Protection Agency-DLC/BOL
    2200 Churchill Road
    Springfield, Illinois 62794-92769
    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.
    3)
    Kerr-McGee shall cease and desist from the alleged violations.
    3
    IT IS SO ORDERED.
    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 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 opinion and order was adopted on the _____ day of ___________, 1996, by a vote
    of ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top