ILLINOIS POLLUTION CONTROL BOARD
    July 13, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    REILLY INDUSTRIES, INC., an Indiana
    corporation,
    Respondent.
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    PCB 00-31
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    On May 5, 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
    complaint alleged that respondent violated Sections 21(f) and 21(f)(2)
     
    of the Environmental
    Protection Act (Act) (415 ILCS 5/21(f), 21(f)(2) (1998)), and the Board’s regulations found at
    35 Ill. Adm. Code 725.115(b) and (d), 725.115(b)(4), 725.190(b), 725.191(c), 725.192(a),
    725.217(a)(1), by failing to employ proper sampling and handling techniques, failing to keep
    written sampling, well inspection records, and checklists, and failing to properly maintain
    groundwater monitoring wells.
    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
    Granite City
    Journal
    on May 11, 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. Respondent neither
    admits or denies the alleged violations and agrees to pay a civil penalty of $20,000.
    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.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Reilly Industries, Inc., an Indiana
    corporation regarding its chemical processing plant located at 19th and
    2
    Edwardsville Road, Granite City, Madison County, Illinois. The stipulation and
    settlement agreement is incorporated by reference as though fully set forth
    herein.
    2.
    Respondent shall pay the sum of $20,000 within 30 days of the date of this
    order. Such payment shall be made by certified check or money order payable
    to the Illinois Environmental Protection Agency, designated to the Environmental
    Protection Trust Fund. The case number, case name, and the respondent’s
    federal employer identification number 35-0607240 shall also be included on the
    certified check or money order and should clearly indicate that payment is
    directed to the Environmental Protection Trust Fund.
    3.
    The certified 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
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Donna Lutes
    Illinois Attorney General’s Office
    Environmental Bureau
    500 South Second Street
    Springdield, Illinois 62706
    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 13th day of July 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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