ILLINOIS POLLUTION CONTROL BOARD
    May 4,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    94—84
    (Enforcement-Land)
    WINNEBAGO RECLAMATION
    )
    SERVICE,
    INC.,
    an Illinois
    )
    corporation and WM.
    LANS
    )
    SON’S COMPANY an Illinois
    )
    corporation,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon an eight—count
    complaint filed March
    11,
    1994, 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 Winnebago Reclamation Service,
    Inc.
    (Winnebago),
    an
    Illinois corporation and Win. Lans Son’s Co.,
    Inc.,
    an Illinois
    corporation as respondents.
    On September 1,
    1994, the Board entered an order which
    dismissed Win. Lans Son’s Co.,
    Inc. and Counts
    I,
    II, VII, and
    VIII.
    The stipulation filed on March 13,
    1995 applies to
    Winnebago Reclamation Service,
    Inc. only and is a settlement of
    the remaining counts, Counts III,
    IV,
    V, and VI.
    The complaint alleges that Winnebago has violated Sections
    21(d)(1), 21(d)(2), and 21(o)(5)
    of the Environmental Protection
    Act
    (Act),
    (415 ILCS
    5/21(d)(1),
    5/21(d) (2), and
    5/21(0) (5) (1992)),
    35 Ill. Adm. Code 807.302,
    807.303(b),
    807.305(a)
    and 807.305(c),
    and Winnebago’s Operating Permit No.
    1972-24,
    by the failure to adequately spread and compact the
    refuse deposited at the landfill, failure to maintain adequate
    daily and final cover over refuse deposited at the landfill, and
    failure to adequately limit and control access to the site.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    March 13,
    1995.
    The Board published a notice of the waiver on
    March 16,
    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
    March 13,
    1995.
    The Stipulation sets forth facts relating to the
    2
    nature, operations and circumstances surrounding the claimed
    violations.
    Winnebago does not admit to the alleged violations
    but agrees to pay a civil penalty of six thousand seven hundred
    and fifty dollars ($6,750.00).
    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.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Winnebago, an Illinois corporation located
    at 8403 Lindenwood Road,
    in the City of Rockford,
    Winnebago County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    Winnebago shall pay a penalty of six thousand seven
    hundred and fifty dollars ($6,750.00) 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, Winnebago’s Federal Employer
    Identification Number 36—2917437 and that payment is
    directed to the Environmental Protection Trust Fund.
    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
    3)
    Winnebago shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    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 certify that the above opinion and order was
    adopted on the
    4~
    day of
    __________________,
    1995, by a
    voteof
    7O
    .
    dr
    ~
    ~
    Dorothy N. Ønn,
    Clerk
    Illinois Pojlution Control Board

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