ILLINOIS POLLUTION CONTROL BOARD
    December 7,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB
    96—24
    (Enforcement-RCRA)
    TERMINAL RAILROAD,
    ASSOCIATION OF ST.
    LOUIS,
    )
    a Missouri corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by G.
    T.
    Girard):
    This matter comes before the Board upon a two—count
    complaint filed August
    2,
    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 Terminal Railroad Association of St. Louis
    (TRA), a
    foreign corporation located in the City of Madison, Madison
    County,
    Illinois.
    The complaint alleges that
    TRA
    has violated
    Sections 21(f)(1)
    and
    (2)
    of the Illinois Environmental
    Protection Act (Act),
    (415 ILCS
    5/21(f) (1), (f) (2)) and 35 Ill.
    Adm. Code 703.121 and 724.111,
    724.113,
    724.113(b),
    724.ll4(a)(b)
    and
    (C),
    725.115(a)
    and
    (d), 724.116(a)
    and (d),
    724.134,
    724.137,
    724.151,
    724.173, 724.212(a),
    and 724.274 by failing to
    obtain the proper permits for the storage of hazardous waste
    materials and the improper storage of hazardous waste materials.
    Pursuant to 415 ILCS
    5/31(a) (2),
    the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    November
    1,
    1995.
    The Board published a notice of the waiver on
    November
    5,
    1995; 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
    November
    1,
    1995.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    TRA
    admits the alleged violations and agrees to pay
    a civil penalty of ten thousand dollars
    ($10,000.00).
    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
    TRA
    concerning its facility located in the
    City of Madison, Madison County,
    Illinois.
    The
    Stipulation and Settlement Agreement are incorporated
    by reference as though fully set forth herein.
    2)
    TRA
    shall pay the sum of ten thousand dollars
    ($10,000.00)
    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, TRA’s Federal Employer
    Identification Number 436003713 and that payment
    is
    directed to the Environmental Protection Trust Fund.
    A copy of the payment check shall be sent to:
    Illinois Attorney General’s Office
    Attn:
    Donna Lutes
    Environmental Bureau
    500 S. Second St.
    Springfield, Illinois 62706
    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)
    TRA
    shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member
    3.
    Theodore Meyer dissented.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    3
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35
    Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif
    that the abgve opinion and order was
    adopted on the
    _______
    day of
    ___________________,
    1995,
    by
    a
    vote of
    _______
    (2
    ~/
    ,~
    Dorothy M//Gunn, Clerk
    Illinois~ollutionControl Board

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