ILLINOIS POLLUTION CONTROL BOARD
September 18, 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
president of C&S RECYCLING, INC., and
BRIAN FLOOD, individually, and as treasurer
of C&S RECYCLING, INC.,
Respondents.
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PCB 97-9
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On July 11, 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., Flood Brothers Disposal
Company, Inc., William Flood, and Brian Flood (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 (415 ILCS 5/21(a) and (d) (2002)) (Act) 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). The Board provided notice of
the stipulation, proposed settlement, and request for relief from hearing. The Board published
newspaper notice in the
Chicago Sun-Times
on August 18, 2003. 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).
On August 13, 2003, the People filed a motion to dismiss William Flood and Brian Flood
as respondents in this case. The respondents requested the dismissal, without prejudice, only if
the Board approves the July 30, 2003 stipulation and settlement agreement. In support of this
motion, the People assert that the dismissal of William Flood and Brian Flood will not affect
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implementation of the settlement agreement. The People further assert that all parties have
agreed to the dismissal of William Flood and Brian Flood.
The Board grants that motion and dismisses William Flood and Brian Flood from this
action without prejudice. The rest of this order relates only to C & S Recycling, Inc. and Flood
Brothers Disposal Company, Inc. (remaining respondents).
Section 103.302 of the Board’s procedural rules sets forth the required contents of a
stipulation and proposed settlement. 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
remaining respondents’ 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
remaining respondents have satisfied Section 103.302. Remaining respondents admit the alleged
violation(s) and agree to pay a civil penalty of $45,000. The Board accepts the stipulation and
proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. Remaining respondents must pay a civil penalty of $45,000 no later than
October 18, 2003, which is the 30th day after the date of this order. Remaining
respondents must pay the civil penalty by certified check or money order, payable
to the Illinois Environmental Protection Trust Fund. The case number, case
name, and remaining respondents’ social security numbers or federal employer
identification numbers must be included on the certified check or money order.
3. Remaining respondents 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
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. Remaining respondents must cease and desist from the alleged violations.
IT IS SO ORDERED.
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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
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 September 18, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
