ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    INDIANA HARBOR BELT RAILROAD
    COMPANY, a foreign corporation,
     
    Respondent.
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    PCB 01-83
    (Enforcement - Land)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On November 21, 2000, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Indiana Harbor Belt Railroad (Indiana
    Harbor) and ACN International, Inc.
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code
    103.204. On March 20, 2003, the Board dismissed respondent ACN International, Inc. from this
    proceeding. The People allege that Indiana Harbor violated Section 21(a) and (p) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(a) and (p) (2002)). The People further
    allege that Indiana Harbor violated these provisions by allowing and arranging the consolidation
    of waste at a site that does not meet the definition of a sanitary landfill. The complaint concerns
    Indiana Harbor’s site at the intersection of 138th Street and Ashland Avenue in Riverdale, Cook
    County.
     
    On March 10, 2003, the People and Indiana Harbor filed 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) (2002)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of
    the stipulation, proposed settlement, and request for relief from hearing. The Board published
    newspaper notice in the
    Daily Southtown
    on April 2, 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) (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
    stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
    Indiana Harbor’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) (2002)). The People and Indiana
    Harbor have satisfied Section 103.302. Indiana Harbor neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of $20,000. The Board accepts the stipulation and
    proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    2
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Indiana Harbor must pay a civil penalty of $20,000 no later than May 30, 2003,
    which is the 30th day after the date of this order. Indiana Harbor must pay the
    civil penalty by certified check or money order, payable to the Illinois
    Environmental Protection Agency and designated for deposit in the
    Environmental Protection Trust Fund. The case number, case name, and Indiana
    Harbor’s social security number or federal employer identification number must
    be included on the certified check or money order.
     
    3. Indiana Harbor 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
     
    Copies of the certified check or money order must be sent to:
     
    Christopher Grant
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph 20th Floor
    Chicago, Il 60601
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5. Indiana Harbor must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    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) (2002);
    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
    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
     
    3
    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 May 1, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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