ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    OLIN CORPORATION, an Illinois
    corporation,
     
    Respondent.
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    PCB 02-198
    (RCRA Enforcement)
          
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning ):
     
    On May 9, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against Olin Corporation (Olin).
    See
    415
    ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Olin violated
    Section 21(f) of the Environmental Protection Act (Act) (415 ILCS 5/21(f) (2000)) and the
    Board’s hazardous waste storage regulations. The People further allege that Olin violated
    these provisions by storing two drums containing hazardous waste for more than 90 days
    without a permit, and failing to conduct proper inspections. The complaint concerns Olin’s
    brass mill and ammunition manufacturing facility at 427 North Shamrock Street, East Alton,
    Madison County.
     
    Additionally, on May 9, 2002, the People and Olin filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section
    31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)). This filing is authorized by Section 31(c)(2)
    of the Act (415 ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). The Board
    provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
    notice was published in the
    Telegraph
    on May 10, 2002. The Board did not receive any
    requests for hearing. The Board grants the parties’ request for relief from the hearing
    requirement.
    See
    415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements
    include stipulating to facts on the nature, extent, and causes of the alleged violations and the
    nature of Olin’s operations. Section 103.302 also requires that the parties stipulate to facts
    called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and Olin have
    satisfied Section 103.302. Olin neither admits nor denies the alleged violations, but agrees to
    pay a civil penalty of $9,000. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
      
     
    2
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Olin Corporation (Olin) must pay a civil penalty of $9,000 no later than July 6,
    2002, which is the 30th day after the date of this order. Olin must pay the civil
    penalty by certified check or money order, payable to the Environmental
    Protection Trust Fund. The case number, case name, and Olin’s social security
    number or federal employer identification number must be included on the
    certified check or money order.
     
    3.
    Olin must send the certified check or money order to:
     
    Illinois
    Environmental
    Protection
    Agency
    Fiscal
    Services
    Division
    1021
    North
    Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5.
    Olin must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906,
    102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the
    Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335.
    The Board’s procedural rules provide that motions for the Board to reconsider or modify its
    final orders may be filed with the Board within 35 days after the order is received. 35 Ill.
    Adm. Code 101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
      
     
     
      
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on June 6, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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