ILLINOIS POLLUTION CONTROL BOARD
    June 20, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    GREAT LAKES TERMINAL &
    TRANSPORT CORPORATION, an Illinois
    corporation,
     
    Respondent.
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    PCB 02-199
    (RCRA Enforcement)
          
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning ):
     
    On May 13, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Great Lakes Terminal & Transport
    Corporation (Great Lakes).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The
    People allege that Great Lakes violated Sections 21(g)(1), (2), and (k) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(g)(1), (2), (k) (2000)) and Sections 809.910(a),
    809.911(a), 809.913, and 809.914(a) of the Board’s hazardous waste transportation regulations
    (35 Ill. Adm. Code 809.910(a), 809.911(a), 809.913, 809.914(a)). The People further allege
    that Great Lakes violated these provisions by transporting hazardous waste without a permit,
    and failing to pay required fees. The complaint concerns Great Lakes’ hazardous waste
    transportation facility at 8800 West 71st Street, Bedford Park, Cook County.
     
    Additionally, on May 13, 2002, the People and Great Lakes 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
    Chicago Sun-Times
    on May 15, 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 Great Lakes’ 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 Great
    Lakes have satisfied Section 103.302. Great Lakes neither admits nor denies the alleged
     
      
     
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    violations, but agrees to pay a civil penalty in the amount of $15,000. The Board accepts the
    stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Great Lakes Terminal & Transport Corporation (Great Lakes) must pay a civil
    penalty of $15,000 no later than July 20, 2002, which is the 30th day after the
    date of this order. Great Lakes must pay the civil penalty by certified check or
    money order, payable to the Environmental Protection Trust Fund. The case
    number, case name, and Great Lakes’ social security number or federal
    employer identification number must be included on the certified check or
    money order.
     
    3.
    Great Lakes 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.
    Great Lakes 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.
     
     
      
     
     
      
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on June 20, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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