ILLINOIS POLLUTION CONTROL BOARD
    April 6, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ROGERS O’HARE MOTOR TERMINAL
    LIMITED, a limited partnership, and CAROLINA
    FREIGHT CARRIERS CORPORATION, a
    North Carolina corporation
    ,
    Respondents.
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    PCB 96-240
    (Enforcement - Water & UST)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    On January 21, 2000, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter. The
    amended complaint alleged that respondent violated Sections 12(a) and 12(d) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(a), 12(b), 12(d) (1998)); the Board’s
    underground storage tank regulations at 35 Ill. Adm. Code 731.160, 731.164(d), 731.165(a)
    and (b); and 731.166(a) by causing or allowing the discharge of diesel fuel, failing to provide a
    free product removal report, failing to conduct a complete soil and groundwater investigation,
    and failure to timely submit requested information and reports.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused
    publication of the required newspaper notices of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The notices appeared in the
    Mount Prospect
    Times
    and
    Des Plaines Times
    on February 3, 2000. The Board did not receive any requests
    for hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondents
    neither admit nor deny the alleged violations and agree to pay a total civil penalty of $17,500.
    Respondents 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 Rogers O’Hare Motor Terminal Limited
    (Rogers O’Hare), a Limited Partnership, and Carolina Freight Carriers
    Corporation (CFC), a North Carolina corporation, concerning a facility located
    at 160 Old Higgins Road, Des Plaines, Cook County, Illinois. The stipulation
    and settlement agreement is incorporated by reference as though fully set forth
    herein.
    2.
    Respondents shall pay the total sum of $17,500 within 30 days of the date of this
    order. Rogers O’Hare shall pay a penalty of $10,000 and ABF Freight System
    (ABF), Inc. the successor of CFC by merger, shall pay $7,500. 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 respondents’ respective
    federal employer identification number (Rogers O’Hare’s is 36-363029970;
    ABF’s is 71-024944) shall be included on the check or money order. The check
    or money order also must clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    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 6th day of April 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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