ILLINOIS POLLUTION CONTROL BOARD
    October 3, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    PETROLEUM FUEL & TERMINAL
    COMPANY, a Missouri corporation,
     
    Respondent.
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    PCB 03-17
    (Enforcement - Air)
          
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On August 20, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against Petroleum Fuel & Terminal
    Company (respondent).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The
    People allege that respondent violated Section 9(a) of the Environmental Protection Act (Act)
    (415 ILCS 5/9(a) (2000)) and 35 Ill. Adm. Code 201.141. The People further allege that
    respondent violated these provisions by causing or allowing fires in asphalt storage tanks on
    July 10, 2001 and August 15, 2001 that discharged contaminants into the environment so as to
    cause or tend to cause air pollution. The complaint concerns respondent’s fuel storage and
    terminal facility in Granite City, Madison County.
     
    Additionally, on August 20, 2002, the People and respondent 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)
    as 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)).
    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
    Collinsville Herald
    Journal
    on August 27, 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)
    as 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
    respondent’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 respondent have
    satisfied Section 103.302. Respondent does not admit the alleged violations, but agrees to pay a
    civil penalty of $22,000. Additionally, respondent agrees to performance of a Supplemental
    Environmental Project or payment of an additional $28,000 in penalties no later than
    December 31, 2003, if it fails to do so. The Board accepts the stipulation and proposed
    settlement.
     
      
     
    2
     
    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.
    Petroleum Fuel & Terminal Company (respondent) must pay a civil penalty of
    $22,000 no later than November 3, 2002. Respondent also agrees to performance
    of a Supplemental Environmental Project or payment of an additional $28,000 in
    penalties no later than December 31, 2003, if it fails to do so. The respondent
    must pay the civil penalty by certified check or money order, payable to the
    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.
    Respondent must send each 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.
    Respondent 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 October 3, 2002, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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