ILLINOIS POLLUTION CONTROL BOARD
    August 7, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    C & S RECYCLING, INC., an Illinois
    corporation, FLOOD BROTHERS DISPOSAL
    COMPANY, INC., an Illinois corporation,
    WILLIAM FLOOD, individually and as
    treasurer of C & S Recycling, and BRIAN
    FLOOD, individually and as president of C &
    S Recycling,
     
    Respondents.
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    PCB 97-9
    (Enforcement - Land)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On July11, 1996, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against C & S Recycling, Inc. (C & S), Flood Brothers
    Disposal Company, Inc. (Flood Brothers), William Flood, and Brian Flood (collectively
    respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At issue is the
    People’s allegation that respondents violated Section 21(a) and (d) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(a) and (d) (2002)) and 35 Ill. Adm. Code 807.201 and
    807.202. The People further allege that respondents violated these provisions by causing or
    allowing the open dumping of waste, developing a solid waste management facility without a
    permit, and operating a solid waste management facility without a permit. The complaint
    concerns respondents’ solid waste sorting and transfer facility at 4009 West Taylor Street,
    Chicago, Cook County.
     
    On July 30, 2003, the People and respondents 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). Under the proposed stipulation, C & S
    and Flood Brothers admit the alleged violations and agree to pay a civil penalty of $45,000.
    1
     
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    1
    Respondents William Flood and Brian Flood did not agree to or sign the stipulation and
    proposal for settlement.
     
    2
    hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 7, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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