ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 96-209
    )
    (Enforcement - Land)
    MACON COUNTY LANDFILL
    )
    CORPORATION,
    )
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
    On February 7, 2000, the parties filed a stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement pursuant to Section
    31(c)(2) of the Environmental Protection Act (Act) (415 ILCS 5/31(c)(2) (1998)). The Board
    accepts the stipulation and proposal for settlement filed by the parties in this matter. The
    complaint alleged that respondent violated Sections 12(a), (d), 21.1(a), and 21(d)(2) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(a), (d), 21.1(a), 21(d)(2) (1998)) and the
    Board’s regulations found at 35 Ill. Adm. Code 807.305(c), 807.315, 807.318(c), 807.503(a),
    807.505(a), 807.523(a), 807.601, 807.602, 807.603, by causing or tending to cause water
    pollution, causing or tending to cause a water pollution hazard, failing to provide a required
    bi-annual closure cost estimate, and failing to provide the required financial assurance.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The notice appeared in the
    Decatur Herald &
    Review
    on February 9, 2000. On February 16, 18, and 22, 2000, the Board received three
    separate requests that the matter proceed to hearing. On March 2, 2000, the Board ordered the
    matter be set for hearing. On April 18, 2000, the Board held a hearing in this matter in the
    Macon County Building, Decatur, Illinois. Following the hearing, the public comment period
    was open until May 2, 2000. No public comments were received.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent denies
    the alleged violations and agrees to pay the State $37,500. Respondent must continue to
    comply with any federal, State, or local regulations including, but not limited to, the Act and
    the Board’s 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 Macon County Landfill Corporation, a
    Delaware corporation, regarding its facility located in the Southeast Quarter and
    Southwest Quarter of Section 8, Township 16 North, Range 2 East, in Macon
    County, Illinois. The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2.
    Respondent shall pay the sum of $37,500 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. The case number, case name, and
    respondent’s federal employer identification number (37-0744085) shall be
    included on the check or money order.
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    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
    (1998)
    ), 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.
    5.
    Respondent shall cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 18th day of May 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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