ILLINOIS POLLUTION CONTROL BOARD
    September 5, 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)
     
    OPINION AND 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). 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). The
    Board provided notice of the stipulation, proposed settlement, and request for relief. The
    newspaper notice was published in
    The Star Newspaper
    on July 28, 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)
    amended by
    P.A. 92-0574, eff. June 26,
    2002; 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 Purdy’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)
    amended by
    P.A. 92-0574,
     
    2
    eff. June 26, 2002). The People and Purdy and IHB RR have satisfied Section 103.302.
    Respondents neither admit nor deny the alleged violations. Respondent Purdy agrees to pay a
    civil penalty of $10,000. Respondent IHB RR shall pay no penalty. Notwithstanding, the
    respondents remain jointly and severally liable for the penalty. 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.
    Purdy must pay a civil penalty of $10,000 no later than October 5, 2002, which
    is the 30th day after the date of this order. Purdy must pay the civil penalty by
    certified check or money order, payable to the Illinois Environmental Protection
    Trust Fund. The case number, case name, and respondent’s social security
    number or federal employer identification number must be included on the
    certified check or money order.
     
    3.
    Purdy 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.
    A copy of the check must be sent to:
     
    Kendra
    Pohn
    Assistant
    Attorney
    General
    Environmental
    Bureau
     
      
    188 West Randolph Street, 20th Floor
    Chicago,
    Illinois
    60601
     
    5.
    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)).
     
    6.
    Respondents must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
     
     
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    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on September 5, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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