ILLINOIS POLLUTION CONTROL BOARD
November 16, 2000
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ENVIROFIL OF ILLINOIS, INC., an Illinois
corporation,
Respondent.
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PCB 00-172
(Enforcement – Land, Water)
ORDER OF THE BOARD (by R.C. Flemal):
On April 7, 2000, the People of the State of Illinois filed a five-count complaint against
respondent Envirofil of Illinois, Inc. (Envirofil), a landfill operator. The complaint alleges
Envirofil caused water pollution, failed to perform corrective action assessments, operated
without prior conduct certification, failed to manage methane emissions, and failed to manage
storm water discharges at its landfill in Macomb, McDonough County, Illinois. These activities
were in alleged violation of Sections 12(a), 21(d) and 21(o)(11) of the Environmental Protection
Act (Act) (415 ILCS 5/12(a), 21(d), (o)(11) (1998)), the Board’s landfill regulations at 35 Ill.
Adm. Code 745.201(b), 807.313, and special conditions VI.4, VII.14, VII.17, and X.7 of
Envirofil’s significant modification permit.
In addition to the complaint, on November 2, 2000, the parties filed a stipulation and
proposal for settlement, accompanied by a motion requesting relief from the hearing requirement
of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (1998)). In the proposed stipulation
Envirofil admits the violations alleged in the complaint and proposes to pay a $45,000 penalty.
Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
stipulation and proposal for settlement accompanied by a request for relief from the hearing
requirement. (415 ILCS 5/31(c)(2) (1998)). Unless the Board determines that a hearing is
needed, the Board is required to publish notice of the stipulation and proposal for settlement and
request for relief from the hearing requirement.
Accordingly, the Board directs the Clerk of the Board to cause publication of the required
newspaper notice. Any person may file a written demand for hearing within 21 days of the
published notice. If a hearing is requested, the Board will deny the parties’ request for relief and
schedule a hearing.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
above order was adopted on the 16th day of November 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board