ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    The PURDY COMPANY, an Illinois
    corporation, and INDIANA HARBOR BELT
    RAILROAD, an Indiana corporation,
     
    Respondents.
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    PCB 99-193
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On June 30, 1999, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a three-count complaint against The Purdy Company (Purdy)
    and Indiana Harbor Belt Railroad (IHB RR).
    See
    415 ILCS 5/31(d) (2000)
    amended by
    P.A.
    92-0574, eff. June 26, 2002; 35 Ill. Adm. Code
     
    103.204
    .
    The People allege that Purdy and
    IHB RR violated Sections 21(a), 21(p)(1), and 21(e) of the Environmental Protection Act
    (Act). 415 ILCS 5/21(a). 21(p)(1), and 21(e) (1998)
    amended by
    P.A. 92-0574, eff.
    June 26, 2002. The People further allege that Purdy and IHB RR violated these provisions by
    open dumping, and by causing or allowing litter and waste disposal at an unpermitted site.
    The complaint concerns respondents’ railroad freight car wheel reconditioning operation
    located at 13830 Brainard Avenue, Burnham, Cook County, on property which respondent
    Purdy leased from respondent IHR RR, owner of the site.
     
    On July 22, 2002, the People and Purdy and IHB RR 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)
    amended by
    P.A. 92-0574, eff.
    June 26, 2002). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2)
    (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002).
    See
    35 Ill. Adm. Code 103.300(a).
    Under the proposed stipulation, Purdy and IHB RR neither admit nor deny the alleged
    violations. Respondent Purdy agrees to pay a civil penalty of $10,000. Respondent IHB RR
    shall pay no civil penalty. Notwithstanding, respondents shall remain jointly and severally
    liable for the penalty.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of
    the stipulation, proposed settlement, and request for relief from the hearing requirement. Any
    person may file a written demand for hearing within 21 days after receiving the notice. If
    anyone timely files a written demand for hearing, the Board will deny the parties’ request for
    relief and hold a hearing. 415 ILCS 5/31(c)(2) (2000)
    amended by
    P.A. 92-0574, eff.
     
     
    2
    June 26, 2002; 35 Ill. Adm. Code 103.300(b), (c). The Board directs the Clerk of the Board
    to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on August 8, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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