ILLINOIS POLLUTION CONTROL BOARD
    July 10, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ILLINOIS CEMENT COMPANY, a joint
    venture,
    Respondent.
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    PCB 96-147
    (Enforcement - Water, Mine)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a two-count complaint filed December 29,
    1995, by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois (complainant), against Illinois
    Cement Company (Illinois Cement), a joint venture, regarding its facility located at 1601
    Rockwell Road, LaSalle, LaSalle County, Illinois. The complaint alleges Illinois Cement
    violated Sections 12(a) and (f) of the Environmental Protection Act (Act) (415 ILCS 5/12(a)(f)
    (1996)) and 35 Ill. Adm. Code 403.102 and 403.104(a), by discharging contaminants without
    a National Pollutant Discharge Elimination System (NPDES) permit and constructing a mine-
    related facility without authorization.
    On December 29, 1995, the parties filed a stipulation and settlement agreement and a
    joint motion requesting relief from the requirement of Section 31(c)(2) that proposed
    stipulation and settlement agreement be presented at hearing. 415 ILCS 5/31(c)(2)(1996).
    The Board, having received two written objections to the stipulation and settlement agreement,
    denied the joint motion requesting relief from the requirement of Section 31(c)(2). Public
    hearing in this matter was held on June 28, 1996, at the LaSalle County Courthouse, LaSalle,
    Illinois. On May 19, 1997, the parties filed an amended stipulation and settlement agreement
    and joint motion requesting relief from the requirement of Section 31(c)(2) that proposed the
    stipulation and settlement agreement be presented at hearing. The Board published a notice of
    the waiver on June 9, 1997. No objection to the granting of the waiver was received.
    Accordingly, the Board grants a waiver from the hearing requirement.
    The amended stipulation and settlement agreement sets forth facts relating to the nature,
    operations, and circumstances surrounding the claimed violations. Illinois Cement denies
    violating Sections 12(a) and (f) of the Act (415 ILCS 5/12(a)(f) (1996)) and 35 Ill. Adm. Code
    403.102 and 403.104(a) as alleged in the complaint. In addition, complainant contends in the
    amended stipulation and settlement agreement that Illinois Cement violated Sections 12(a) and
    (f) of the Act and 35 Ill. Adm. Code 304.120(c), 304.121(a), 304.124, 304.141, and 309.102.
    These additional violations alleged in the stipulation and settlement agreement concern effluent
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    limits and standards in the Discharge Monitoring Reports that Illinois Cement submitted to the
    complainant between January 1992 and December 1996. Illinois Cement neither admits nor
    denies these violations. Illinois Cement agrees to pay a civil penalty of $20,500 and to
    perform a supplemental environmental project (SEP). If Illinois Cement fails to perform the
    SEP, or if other stated conditions occur, Illinois Cement agrees to pay an additional $9,500.
    The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
    Code 103.180. This stipulation and settlement agreement in no way affects respondent’s
    responsibility to comply with any federal, State, or local regulations including, but not limited
    to, the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board hereby accepts the amended stipulation and settlement agreement
    executed by the People of the State of Illinois (complainant) and Illinois Cement
    Company (Illinois Cement), a joint venture, regarding its facility located at
    1601 Rockwell Road, LaSalle, LaSalle County, Illinois. The amended
    stipulation and settlement agreement is incorporated by reference as though fully
    set forth herein.
    2.
    Illinois Cement shall pay the sum of $20,500 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, Illinois 62794-9276
    The certified check or money order shall indicate Illinois Cement’s federal
    employer identification number 75-6179994 and that payment is directed to the
    Environmental Protection Trust Fund.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in Section 1003(a) of the Illinois Income Tax Act, (35 ILCS
    5/1003 (1996)), 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.
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    3. Illinois Cement shall connect Outfall 001, as described in its NPDES Permit
    No. IL0038296, to the publicly-owned treatment works (POTW) within 180
    days of issuance by the Illinois Environmental Protection Agency (Agency) of
    the construction permit for the local POTW connection. The local POTW
    connection shall be permanent and shall thereby eliminate any and all discharge
    of water pollution, or threat of water pollution, from Outfall 001 into the
    Vermilion River and its tributaries. By signing the incorporated amended
    stipulation and settlement agreement, Illinois Cement represents that it is not
    required to perform the SEP by any federal, State or local laws, regulations or
    ordinances, or by agreement or injunctive relief in connection with any other
    judicial or administrative proceeding.
     
    4. Illinois Cement shall obtain all necessary permit authorizations from the Agency
    prior to the implementation of the SEP. This includes a construction permit for
    the local POTW connection and any necessary revisions or modifications to the
    existing NPDES permit.
    5.
    Within 14 days of completing the local POTW connection, Illinois Cement shall
    submit to the IEPA and the Illinois Attorney General’s Office a written
    certification that the SEP has been fully implemented pursuant to the
    incorporated amended stipulation and settlement agreement. The submittal shall
    also indicate the date the SEP was completed. The notification shall be
    submitted to the following:
    Robb Layman
    Assistant Counsel
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    Mary Rose Silva
    Assistant Attorney General
    Environmental Bureau
    100 West Randolph St. 11
    th
    Fl.
    Chicago, Illinois 60601
     
    6.
    In the event that Illinois Cement is precluded from completing the connection of
    Outfall 001 to the local POTW as a result of failure to obtain the necessary
    approval from any federal, State or local authorities, then Illinois Cement shall
    remit the balance of the mitigated civil penalty to the complainant. In addition,
    Illinois Cement shall remit the balance of the mitigated civil penalty to the
    complainant in the event that the connection of Outfall 001 is otherwise required
    by current federal, state or local laws, regulations or ordinances. The $9,500
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    shall be paid within 30 days of said determination. Such payment shall be
    submitted as in paragraph 2 of this order.
     
    7.
    Should Illinois Cement publicize the SEP or make any statement concerning the
    SEP in a news medium, Illinois Cement shall include a statement that the SEP
    was undertaken in connection with the settlement of an enforcement action taken
    by the State of Illinois for alleged violations of the State’s environmental laws
    and the Pollution Control Board’s Regulations. The term news medium, as
    used herein, shall have the meaning assigned to that term in Section 8-902(b) of
    the Illinois Code of Civil Procedure. 735ILCS 5/8-902(b) (1996).
     
    8.
    Illinois Cement shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) 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 145 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 10th day of July 1997, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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