ILLINOIS POLLUTION CONTROL BOARD
    January 23, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CLARK REFINING AND
    MARKETING, INC., a Delaware
    corporation,
    Respondent.
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    PCB 95-163
    (Enforcement - Air, Water
    and RCRA)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a thirteen-count complaint filed June 6, 1995
    by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency (Agency) and the People of the State of Illinois, against Respondent Clark
    Refining and Marketing, Inc. (Clark) located in Hartford, Madison County. Complainant filed
    an amended complaint on November 12, 1996. The complaint alleges that Clark violated
    Sections 9(b), 9.1(b), 9.1(d)(1), 9.1(d)(2), 12(a), 12(d), 12(f), and 21(f) of the Illinois
    Environmental Protection Act (Act),(415 ILCS 5/9(b), 9.1(b), 9.1(d)(1), 9.1(d)(2), 12(a),
    12(d), 12(f), and 21(f) (1994)) and 35 Ill. Adm. Code 219.449, 219.986, 201.142, 201.143,
    302.203, 304.141, 703.121, 703.150, 722.123, 722.134, 722.140, 725.115, 725.116,
    725.131, 725.212, 725.242, 725.291, 725.292, 725.296 and 728.107 of the Board’s
    regulations. These regulations pertain to the untimely submission of reports, construction and
    operation of an emission source without a permit, NPDES permit requirements, water quality
    standards, hazardous waste storage, treatment and disposal operations, requirement of RCRA
    permit, waste analysis, and recording requirements.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on November 22, 1996. The Board published a notice of the
    waiver on December 13, 1996; no objection to the granting of the waiver was received.
    Waiver of hearing is hereby granted.
    The parties filed a partial Stipulation and Settlement Agreement on November 22,
    1996. The Stipulation sets forth facts relating to the nature, operations and circumstances
    surrounding the claimed violations. Clark admits the alleged violation and agrees to pay a civil
    penalty of $232,800.
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects Clark’s responsibility to comply with any federal,
    state or local regulations, including but not limited to the Act and the Board’s regulations.
    2
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1)
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Clark Refining and Marketing, Inc.
    (Clark) located in Hartford, Madison County, Illinois. The stipulation and
    settlement agreement is incorporated by reference as though fully set forth
    herein.
    2)
    Clark shall pay the sum of $232,800 within 30 days of the date of this order.
    Such payment shall be made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the Environmental Protection
    Trust Fund and shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    The certified check or money order shall clearly indicate on its face Clark’s
    federal employer identification number 43-1491230 and that payment is directed
    to the Environmental Protection Trust Fund. A copy of the payment transmittal
    and check shall be simultaneously submitted to:
    Donna Lutes
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    3)
    In addition Clark has agreed to pay the following:
    a) Twelve thousand five hundred ninety-nine dollars and sixty-four cents
    ($12,599.64) for all response cost and litigation-related cost of the
    Agency with regards to the spills identified in Counts VI through XIII of
    the Amended Complaint incurred through March 31, 1996.
    b)
    $10,000 for all attorney’s fees of the Agency.
    c)
    $1,200 for all the Agency’s cost of oversight of the Guard Basin cleanup
    through December 31, 1995.
    3
    d)
    Clark shall submit payment for the cost specified in paragraphs (a), (b),
    and (c) within 30 days of the date of this order. Such payment shall be
    made by certified checks or money orders payable to the Treasurer of the
    State of Illinois, designated to the Hazardous Waste Fund, in the same
    manner and to the same address provided in paragraph 2. The certified
    check or money order shall clearly indicate on its face Clark’s federal
    employer identification number 43-1491230 and that payment is directed
    to the Hazardous Waste Fund. Additionally, the check for cost specified
    in paragraph (a) is to be designated for emergency response activities.
    The check for cost specified in paragraph (b) is to be designated for
    environmental enforcement purposes. The check for cost specified in
    paragraph (c) is to be designated for the site remediation program.
    4)
    Clark shall reimburse the Agency for all reasonable future response costs (other
    than attorneys’ fees) incurred after March 31, 1996 relating to oversight of
    Clark’s remedial investigation and/or remediation of the spills identified in
    counts VI through XIII of the amended complaint and after December 31, 1995
    relating to oversight of the Guard Basin clean-up. The Agency will send Clark
    a detailed accounting of its oversight activity, the time spent by each Agency
    employee involved and the cost incurred by the Agency on a semi-yearly basis.
    Within sixty days of the accounting, Clark shall submit its payment in the
    manner specified in paragraphs (c) and (d).
    5) Clark shall pay the sum of $10,000 to the Attorney General. Such payment
    shall be made by certified check or money order payable to the Attorney
    General, designated to the Attorney General’s Special Projects and Court
    Approved Distribution Fund and shall be sent by first class mail to:
    Donna Lutes
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003), as now or hereafter amended, from the date payment is due
    until the date payment is received. Interest shall not accrue during the pendency
    of an appeal during which payment of the penalty has been stayed.
    6)
    Clark shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    4
    Board Member K.M. Hennessey abstained.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this opinion and order. The Rules of the Supreme Court of Illinois establish filing
    requirements. (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 order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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