ILLINOIS POLLUTION CONTROL BOARD
    December 19, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BFI WASTE SYSTEMS OF NORTH
    AMERICA, INC., a foreign corporation and as
    successor-by merger to E&E HAULING, INC.,
     
    Respondent.
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    PCB 00-108
    (Enforcement - Land)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On December 28, 1999, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against E&E Hauling, Inc., (E&E) and BFI Waste
    Systems of North America, Inc (BFI).
    See
    415 ILCS 5/31(c)(1) (2000)
    amended by
    P.A. 92-
    0574, eff. June 26, 2002; 35 Ill. Adm. Code 103.204. The People allege that E&E and BFI
    violated Section 21(d)(2) of the Environmental Protection Act (Act), (415 ILCS 5/21(d)(2)
    (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002, and Section 814.401(a) of the Board’s
    Waste Disposal Regulations.
    See
    35 Ill. Adm. Code 814.401(a). The People state that E&E and
    BFI allegedly violated these provisions by operating without a permit and failing to initiate
    closure of the facility.
     
    The complaint concerns activities at the Mallard Lake Landfill (Landfill) located at 26
    West 580 Schick Road, Hanover Park, DuPage County. Prior to September 30, 1997 E&E
    operated the Landfill under contract with the Forest Preserve District of DuPage County. On
    September 30, 1997, E&E merged with BFI. After September 30, 1997, BFI operated the
    facility under contract with the Forest Preserve District of DuPage County.
     
    On November 8, 2002, the People and BFI filed a motion for leave to amend complaint
    which was granted, a first amended complaint, and 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 published notice of the
    stipulation, proposed settlement, and request for relief in the Chicago Sun-Times on November
    14, 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
     
      
     
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    stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
    BFI’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, eff. June 26,
    2002). The People and BFI have satisfied Section 103.302. BFI denies the alleged violation(s)
    and agrees to pay a civil penalty of $94,000. 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.
    BFI must pay a total civil penalty of $94,000. BFI must pay $44,000 no later than
    January 15, 2003. BFI must pay the final installment of $50,000 no later than
    January 21, 2003 (which is the 30th day after the date of this order). BFI must
    pay the civil penalty by certified check or money order, payable to the
    Environmental Protection Trust Fund. The case number, case name, and BFI’s
    social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3.
    BFI 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))
    amended by
     
    P.A. 92-0574, eff. June 26, 2002) at the rate set forth in Section 1003(a) of the
    Illinois Income Tax Act (35 ILCS 5/1003(a) (2000))
    amended by
    P.A. 92-0574,
    eff. June 26, 2002).
     
    5.
    BFI must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Chairman C.A. Manning abstained.
     
    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
     
      
     
     
      
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    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 December 19, 2002, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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