ILLINOIS POLLUTION CONTROL BOARD
    November 20, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ACME REFINING SCRAP IRON AND
    METAL COMPANY,
     
    Respondent.
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    PCB 03-20
    (Enforcement - Water)
     
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On August 22, the Office of the Attorney General, on behalf of the People of the State of
    Illinois (People), filed a two-count complaint against Acme Refining Scrap Iron and Metal
    Company (Acme).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People
    allege that Acme violated Section 12(a) and 12(f) of the Environmental Protection Act (Act)
    (415 ILCS 12(a) and (f) (2002)) and Sections 302.203 and 309.102(a) of the Board regulations
    (35 Ill. Adm. Code 302.203 and 309.102(a)). The People further allege that Acme violated these
    provisions by causing water pollution from discharge of runoff containing metal shavings into
    ditches connected to the North Branch of the Chicago River and by failing to obtain a National
    Pollutant Discharge Elimination System permit for the runoff. The complaint concerns Acme’s
    scrap metal storage facility at 1409 Rockland Road, Lake Bluff, Lake County.
     
    On November 4, 2003, the People and Acme 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, Acme
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $21,000.
     
    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
    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.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 20, 2003, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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