ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VALLEY RUN STONE, a division of AVERY
    GRAVEL COMPANY, an Illinois corporation,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 04-6
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On July 11, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Valley Run Stone.
    See
    415 ILCS 5/31(c)(1)
    (2002); 35 Ill. Adm. Code 103.204. The People allege that Valley Run Stone violated Sections
    9(b), 9.1(d), and 39.5(6)(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(b), 9.1(d),
    and 39.5(6)(b) (2002)); 35 Ill. Adm. Code 201.142 and 201.143; and 40 C.F.R. 52.21(i)(1), (k),
    (m), and (n), which are enforceable under Sectio
    s by failing to: (1) obtain a construction permit;
    gnificant deterioration standards; (3) obtain an
    lity at its quarry in Lisbon,
     
    On October 14, 2003, the People and Valley Run Stone 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
    Plano Record
    on October 30, 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).
     
    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
    Valley Run Stone’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 Valley Run
    Stone have satisfied Section 103.302. Valley Run Stone neither admits nor denies the alleged
    violations but agrees to pay a civil penalty of $24,500. The Board accepts the stipulation and
    proposed settlement.
     
     
    2
    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. Valley Run Stone must pay a civil penalty of $24,500 no later than January 17,
    2004, which is the 30th day after the date of this order. Valley Run Stone must
    pay the civil penalty by certified check or money order, payable to the
    Environmental Protection Trust Fund. The case number, case name, and Valley
    Run Stone’s federal employer identification number, 36-2586514, must be
    included on the certified check or money order.
     
    3. Valley Run Stone 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
     
    A copy of the check shall be sent to:
     
    Christopher P. Perzan
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 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. Valley Run Stone 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 December 18, 2003 by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top