ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    AMERICAN DISPOSAL COMPANY and
    CONSOLIDATED RAIL CORPORATION,
     
    Respondents.
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    PCB 00-67
    (RCRA Enforcement)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On October 7, 1999, the Office of the Attorney General, on behalf of the People
    of the State of Illinois (People), filed a complaint against American Disposal Company
    and Consolidated Rail Corporation (Conrail).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill.
    Adm. Code 103.204. The People allege that Conrail violated Section 21(a) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(a) (2000)). The People further
    allege that Conrail violated these provisions by causing or allowing open dumping. The
    complaint concerns a waste disposal company located on a parcel of land owned by
    Conrail in Cook County.
     
    On October 30, 2001, the People and Conrail 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
    from hearing. The newspaper notice was published in the
    Chicago Sun-Times
    on
    November 1, 2001. 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 Conrail’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
    Conrail have satisfied Section 103.302. Conrail denies the alleged violations and agrees
    to pay a civil penalty of $5,000. The Board accepts the stipulation and proposed
    settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
    2
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and
    proposed settlement.
     
    2. Consolidated Rail Corporation (Conrail) must pay a civil penalty of
    $5,000 no later than February 10, 2002, which is the 30th day after the
    date of this order. Conrail must pay the civil penalty by certified check or
    money order, payable to Environmental Protection Trust Fund. The case
    number, case name, and Conrail’s social security number or federal
    employer identification number must be included on the certified check or
    money order.
     
    3. Conrail 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. Conrail must cease and desist from the alleged violations.
     
    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.
     
    3
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on January 10, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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