ILLINOIS POLLUTION CONTROL BOARD
    August
    1,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB
    94—183
    (Enforcement)
    BFI MEDICAL WASTE SYSTEM
    )
    OF ILLINOIS,
    INC.,
    a Delaware Corporation
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon
    a two—count
    complaint filed June 24,
    1994,
    by Roland W. Burns,
    Attorney
    General of the State of Illinois, on behalf of the Illinois
    Environmental Protection Agency and the People of the State of
    Illinois,
    against BFI Medical Waste Systems of Illinois,
    Inc.,
    a
    Delaware Corporation located
    ,
    at 2022 West Townline Road,
    in the
    City of Peoria,
    Peoria County,
    Illinois.
    The complaint alleges
    that BFI Medical Waste Systems of Illinois,
    Inc. has violated
    Sections 2l(d)(1) and 9(b)
    of the Illinois Environmental
    Protection Act (Act),
    and
    35
    Iii. Adm.
    Code
    §~
    807.201 and
    807.202(a)
    for failure to obtain a development permit and a
    operating permit.
    Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    June 24,
    1994.
    The Board published a Notice of the waiver on
    June 29,
    1994;
    no objection to grant of the waiver was received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    June
    24,
    1994.
    The Stipulation sets forth facts relating to the
    nature, operations and circumstances surrounding the claimed
    violations.
    BFI Medical Waste Systems of Illinois,
    Inc.
    neither
    admits nor denies the alleged violations and agrees to pay a
    civil penalty of twenty thousand dollars ($20,000.00)
    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.
    2
    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 BFI Medical Waste Systems of Illinois,
    Inc.,. concerning its facility located at 2022 West
    Townline Road,
    in the City of Peoria,
    Peoria County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    The BFI Medical Waste Systems of Illinois,
    Inc., shall
    pay the sum of twenty thousand dollars
    ($20,000.00)
    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,
    the BFI Medical Waste Systems of
    Illinois,
    Inc.’s Federal Employer Identification Number
    or Social Security Number 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)
    BFI Medical Waste Systems of Illinois,
    Inc.
    shall cease
    and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41)
    provides for the appeal of final Board orders within 35
    3
    days of the date of service of this order.
    (See also 35
    Ill.
    Adin. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify~that the above
    pinion and order was
    adopted on~e
    /~-“~
    day of
    __________________,
    1994, by a
    voteof
    O
    Dorothy M. Gi~h,Clerk
    Illinois Po1~itionControl Board

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