ILLINOIS POLLUTION CONTROL BOARD
    January 24, 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
    (Enforcement – RCRA)
     
    OPINION AND 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 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 21 of 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). The Board
    provided notice of the stipulation, proposed settlement, and request for relief from hearing. The
    newspaper notice was published in the
    Telegraph
    on December 21, 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
    Tosco’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 Tosco have satisfied
    Section 103.302. Tosco denies the alleged violations, but agrees to pay a $25,000 penalty.
     
    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. Tosco Refining Company (Tosco) must pay a civil penalty of $25,000 no later
    than February 24, 2002, which is the 30th day after the date of this order. Tosco
    must pay the civil penalty by certified check or money order, payable to the
    Illinois Environmental Protection Trust Fund. The case number, case name, and
    Tosco’s social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3. Tosco 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. Tosco 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on January 24, 2002, by a vote of 7-0.
     
     
    3
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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