ILLINOIS POLLUTION CONTROL BOARD
    October 21, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    P & H MANUFACTURING COMPANY,
    a Delaware corporation,
    Respondent.
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    PCB 98-154
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    On September 7, 1999, complainant filed a stipulation and proposal for settlement, accompanied by an
    agreed motion requesting relief from the hearing requirement imposed by Section 31(c)(1) of the Environmental
    Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)). Public notice of the proposed settlement was published in the
    Shelbyville Daily Union
    on September 16, 1999. In accordance with Section 31(c)(2) of the Act, any person may file
    a written demand for hearing within 21 days after publication of the notice. The Board received no written
    demand for a hearing. The Board therefore may, and will, grant the agreed motion for relief from the hearing
    requirement.
    The three-count amended complaint filed in this case alleges that respondent P & H Manufacturing
    Company (P & H) violated the Act and its implementing regulations by allowing transport of hazardous and
    special waste for disposal on private residential land which did not meet the requirements of the Act for hazardous
    waste disposal (count I), by allowing drums of hazardous waste to accumulate for more than 270 days, failing to
    determine the contents of the drums, and failing to mark and label the drums (count II), and by failing to submit
    annual hazardous waste and special waste reports (count III). Under the proposed settlement, P & H agrees to pay a
    penalty of $20,000 to settle this controversy, and to make a donation of $20,000 to the Midwest Environmental
    Enforcement Association to be used for environmental enforcement training and coordination in Illinois.
    The stipulation submitted by the parties sets forth facts relating to P & H’s operations, the alleged
    violations, and the factors considered by the Board under Sections 33(c) and 42(h) of the Act, 415 ILCS 5/33(c), 42(h)
    (1998), in crafting final orders and determining monetary penalties. Based on the facts set forth in the stipulation,
    the Board concludes that the proposed settlement is reasonable. The Board will accept the proposal for settlement.
    This opinion con stitutes the Board’s findings of fact and conclusions of law in this matter.
    ORDER
    1.
    The hearing requirement of Section 31(c)(1) of the Act is waived in this case.
    2.
    The Board accepts the “Stipulation and Proposal for Settlement” executed by the People of the
    State of Illinois and P & H. The “Stipulation and Proposal for Settlement” is incorporated by
    reference as though fully set forth herein. Although not every term of the settlement is set forth
    in this order, all terms of the settlement are incorporated into this order.
    3.
    P & H must pay $13,334 within 30 days of the date of this order. Within 210 days of the date of
    this order, P & H must pay an additional $6,666. These payments must be made by certified check
    or money order payable to the Treasurer of the State of Illinois, designated to the Environmental
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    Protection Trust Fund. The name and number of this case and P & H’s federal employer
    identification number must appear on the check.
    4.
    The certified checks or money orders must be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Section
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the check must be sent to:
    Environmental Bureau
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, Illinois 62706
    5.
    P & H must make a contribution of $20,000 to the Midwest Environmental Enforcement
    Association. The contribution may be made in two payments: $6,667 must be paid within 210
    days of the date of this order; the remaining $13,333 may be paid within 365 days of the date of
    this order.
    6.
    P & H must cease and desist from future violations of any environmental statutes or regulations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the appeal of final
    Board orders to the Illinois Appellate Court within 35 days of service of this order. Illinois Supreme Court Rule
    335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for
    Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion
    and order was adopted on the 21st day of October 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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