ILLINOIS POLLUTION CONTROL BOARD
    December 16,
    1993
    PEOPLE OF THE
    )
    STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    V.
    )
    PCB 93—57
    (Enforcement)
    ILLINOIS AYERS OIL
    COMPANY,
    )
    )
    Respondent.
    OPINION
    AND ORDER
    OF THE BOARD
    (by J. Theodore Meyer):
    This matter is before the Board upon a complaint filed March
    19,
    1993, on behalf of the People of the State of Illinois, by
    and through its attorney, Roland W. Burns, Attorney General of
    the State of Illinois, against Illinois Ayers Oil Company
    (Ayers),located in Hancock County, Illinois.
    The complaint
    alleges that Ayers has violated 35 Ill.
    Adm. Code 731.163(b)
    of
    the Board’s rules and regulations.
    On October 25,
    1993, the parties filed
    a joint motion
    requesting relief from the Act’s hearing requirement, pursuant to
    Section 31(a)(1).
    Notice of the request for waiver was published
    by the Board on November
    6 and 8,
    1993; no objection to grant of
    the waiver was received.
    Waiver of hearing is granted by the
    Board via today’s opinion and order.
    Ayers admits to a past violation of 35 Ill. Adm. Code
    731.163(b),
    in that it failed to submit the information required
    by that section to the Agency within 45 days of confirmation of a
    release of petroleum from one or more of Ayers’ underground
    storage tanks.
    Ayers agrees to pay a civil penalty of $4,800.00.
    The Board finds the settlement agreement acceptable under 35
    Ill.
    Adin.
    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
    Environmental Protection Act and the Board’s pollution control
    regulations.
    The Board notes that the People requested,
    in the March 19,
    1993 complaint, that the Board award the People its costs,
    The Board notes that the settlement agreement sets
    forth the “old” Section 33(c)
    factors.
    The consideration of
    economic benefit,
    formerly found at Section 33(c)(5),
    is now
    found only at Section 42(h)(3).
    2
    including expert witness, consultant, and attorney fees,
    incurred
    in the action.
    However, there is no mention of this request in
    the stipulation and settlement agreement.
    Section 42(f) of the
    Act allows the Board to award such costs and fees where a person
    has committed a “wilful, knowing or repeated violation of the
    Act.”
    (415 ILCS 5/42(f)
    (1992).)
    The Board finds no evidence in
    this record that Ayers committed a wilful, knowing, or repeated
    violation of the Act.
    We continue to urge the People to develop
    the record to support such a finding, especially where
    (as here)
    the complaint originally requests the award of costs and fees.
    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,
    the Illinois Environmental Protection Agency,
    and Illinois
    Ayers Oil Company,
    concerning Ayer’s operations in Hancock
    County,
    Illinois.
    The stipulation and settlement agreement
    are incorporated by reference as though fully set forth
    herein.
    2.
    Illinois Ayers Oil Company shall pay the sum of four
    thousand eight hundred dollars
    ($4,800.00).
    The penalty
    shall be paid by certified check to the Environmental
    Protection Trust Fund and submitted in six monthly
    installments of eight hundred dollars
    ($800.00)
    each.
    The
    first installment shall be submitted within 30 days of the
    date of this order.
    Such payment shall be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    A copy of each payment transmittal and check shall be
    simultaneously submited to:
    Environmental Control Division
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, IL 62706
    Illinois Ayers Oil Company shall also write the name and
    number of the case,
    its Federal Employer Identification
    Number, and the identification of the site on each certified
    check.
    Any such penalty not paid within the time prescribed shall
    3
    incur interest at the rate set forth in subsection
    (a)
    of
    Section 1003 of the Illinois Income Tax Act
    (35 ILCS 5/1003
    (1992)) as now or hereafter amended, from the date of
    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.
    Illinois Ayers Oil Company shall perform the site
    remediation pursuant to the corrective action plan, as
    conditionally approved by the Illinois Environmental
    Protection Agency.
    4.
    Illinois Ayers Oil Company shall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41
    (1992)) provides for the appeal of final Board orders.
    The
    Rules of the Supreme Court of Illinois establish filing
    requirements.
    (See also 35 Ill.Adm.Code 101.246 “Motions for
    Reconsideration”.)
    I, Dorothy H.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the aboXe opinion and order was
    adopted on the
    /C~Z
    day of
    ~—(-~--?~-cJ
    ,
    1993,
    by a
    vote of
    7—c
    .
    -
    ~1’
    ~
    Dorothy M7~unn, Clerk
    Illinois 1~OllutionControl Board

    Back to top