ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    TOSCO REFINING COMPANY, a division of
    TOSCO CORPORATION, a Nevada
    corporation,
     
    Respondent.
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    PCB 02-81
    (RCRA Enforcement)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On December 19, 2001, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a six-count complaint against Tosco Refining Company
    (Tosco).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that
    Tosco violated Section 21of the Environmental Protection Act (Act) (415 ILCS 5/21 (2000))
    and various provisions of the Board’s hazardous and special waste disposal regulations. The
    People further allege that Tosco violated these provisions by shipping waste sandblast sand
    containing lead to a facility that is not permitted to accept hazardous waste, and failing to
    properly document the shipment as hazardous waste. The complaint concerns Tosco’s
    petroleum refinery located at 900 South Central Avenue, Roxana, Madison County.
     
    Additionally, on December 19, 2001, the People and Tosco 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). Under
    the proposed stipulation, Tosco neither admits nor denies the alleged violations, but would pay
    a $25,000 penalty.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of
    the stipulation, proposed settlement, and request for relief from the hearing requirement. Any
    person may file a written demand for hearing within 21 days after receiving the notice. If
    anyone timely files a written demand for hearing, the Board will deny the parties’ request for
    relief and hold a hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The
    Board directs the Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 10, 2002, by a vote of 6-0.
     
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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