ILLINOIS POLLUTION CONTROL BOARD
    February 19, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    RIVERDALE RECYCLING, INC., an Illinois
    corporation, and TRI-STATE DISPOSAL,
    INC., an Illinois corporation,
     
    Respondents.
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    PCB 03-73
    (Enforcement - Land)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On November 19, 2002, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Riverdale Recycling, Inc. and Tri-State
    Disposal, Inc. (respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The
    People allege that the respondents violated Section 21(a) and (d) of the Environmental Protection
    Act (Act) (415 ILCS 5/21(a) and (d) (2002)). The People further allege that the respondents
    violated these provisions by open dumping of waste and waste storage without a permit. The
    complaint concerns the respondents’ waste transfer and recycling facility at 13901 South
    Ashland, Riverdale, Cook County.
     
    On December 22, 2003, the People and the 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
    Daily Southtown
    on January 15, 2004. 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 the
    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 the respondents have
    satisfied Section 103.302. The respondents neither admit nor deny the alleged violations. The
    respondents agree to pay a civil penalty of $9,000. 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.
    The respondents must pay a civil penalty of $9,000, for which they are jointly and
    severally liable, no later than March 6, 2004, which is the 30th day after the date
    of this order. The respondents must pay the civil penalty by certified check or
    money order, payable to the Environmental Protection Trust Fund. The case
    number, case name, and the respondents’ federal employer identification numbers
    must be included on the certified check or money order.
     
    3.
    The 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.
    The respondents 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
    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 February 19, 2004 by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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