ILLINOIS POLLUTION CONTROL BOARD
April 3, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
COALVILLE ROAD ENTERPRISES,
INC., an Illinois corporation, d/b/a
COALVILLE ROAD LANDFILL, f/k/a
STREATOR AREA LANDFILL #2,
Respondent.
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PCB 96-201
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
On March 22, 1996, the Attorney General of the State of Illinois, on behalf of the
Illinois Environmental Protection Agency and the People of the State of Illinois, filed a three-
count complaint against Coalville Road Enterprises, Inc. (Coalville), an Illinois corporation,
d/b/a Coalville Road Landfill, f/k/a Streator Area Landfill #2 located in Reading Township,
Livingston County, Illinois.
The complaint alleges that
Coalville
has violated Sections 21(d)(1)
and (2) and 21(o)(5) and (12) of the Illinois Environmental Protection Act
(Act) (415 ILCS
5/21(d)(1)
, (2), (o)(5) and (12)(1994)
) and 35 Ill. Adm. Code 807.302, 807.305 and 807.306
in connection with its landfill by permitting uncovered refuse to remain from previous
operating days, by failing to provide adequate depth of cover, by failing to collect, contain and
cover litter at the end of an operating day and by violating operating permit conditions.
Pursuant to 415 ILCS 5/31(a)(2)(1994), the parties filed a joint motion requesting relief
from the Act’s hearing requirement on February 18, 1997. The Board published a notice of
the requested waiver on
February 27, 1997. No objection to granting the waiver was received.
Waiver of hearing is hereby granted.
The parties filed a Stipulation and Proposal for Settlement (Settlement Agreement) on
February 18, 1997. The Settlement Agreement sets forth facts relating to the nature of and
operations and circumstances surrounding the claimed violations. Coalville denies the alleged
violations and agrees to pay a civil penalty of ten thousand dollars ($10,000.00).
The Board finds the Settlement Agreement acceptable under 35 Ill. Adm. Code
103.180. The Board notes, however, that for purposes of the Board’s consideration of the
appropriateness of the civil penalty, the parties set forth on pages 10 and 11 of the Settlement
Agreement prior violations of the Act by Streator Area Landfill, Inc. (Streator). The parties
here previously made a joint motion, which the Board granted by its order of February 6,
1997, in part to remove Streator from this matter’s caption because Coalville has never been
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known as Streator, the latter being a separate and still existing Illinois corporation, uninvolved
in this proceeding. Moreover, Section 42(h)(5) of the Act, which the parties reference as
authority for considering Streator’s violations, refers to “previously adjudicated violations of
this Act by the violator.” (415 ILCS 5/42(h)(5)(1994)(emphasis added).) Here, Streator is
not the alleged violator. The Board also notes that the signature block for Coalville on page
15 of the Settlement Agreement indicates that Coalville was formerly known as Streator. The
Board assumes that this reference to Streator is an oversight. Accordingly, the Board
considers the language designated by No. 5 and set forth on pages 10 and 11 of the Settlement
Agreement, along with the reference to Streator in the signature block on page 15 of the
Settlement Agreement, as mere surplusage.
The Settlement Agreement in no way affects Coalville’s responsibility to comply with
any federal, state or local regulations, including but not limited to the Act and the Board’s
pollution control regulations.
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 Proposal for Settlement (Settlement
Agreement) executed by the People of the State of Illinois and Coalville Road
Enterprises, Inc. (Coalville), an Illinois corporation, d/b/a Coalville Road Landfill,
f/k/a Streator Area Landfill #2 located in Reading Township, Livingston County,
Illinois. The Settlement Agreement is incorporated by reference as though fully set
forth herein.
2) Coalville shall pay the sum of ten thousand dollars ($10,000.00) 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 Illinois
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 the case name and
number, along with Coalville’s Federal Employer Identification Number 36-3944447.
A copy of the payment transmittal and the certified check or money order shall be
simultaneously sent by First Class mail to:
Mary Rose D. Silva
Assistant Attorney General
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Environmental Bureau
Attorney General’s Office
100 West Randolph Street, 11
th
Floor
Chicago, IL 60601
Any such penalty not paid within the time prescribed shall accrue interest at the rate set
forth in subsection (a) of Section 1003 of the Illinois Income Tax Act (35 ILCS
5/1003(a)(1994)), as now or hereafter amended, from the date payment is due until the
date payment is received. If the time for payment is stayed during the pendency of an
appeal, interest shall not accrue during such stay.
3) Coalville shall cease and desist from the alleged violations.
IT IS SO ORDERED.
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 opinion and order was adopted on the _____ day of ___________, 1997, by a vote
of ______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board