ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CONOCOPHILLIPS COMPANY, a Delaware
    corporation,
     
    Respondent.
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    PCB 04-161
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On March 17, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against ConocoPhillips Company.
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204.
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm.
    Code 103.204. The complaint concerns ConocoPhillips Company’s petroleum refining facility
    at the Wood River Refinery, at 900 South Central Avenue, Roxana, Madison County. The
    parties now seek to settle. For the reasons below, the Board accepts the parties’ stipulation and
    proposed settlement.
     
    tion Act (Act) (415 ILCS 5/1
    et seq
    . (2002)), the
    Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
    People to enforce Illinois’ environmental requirements.
    See
    415 ILCS 5/31 (2002); 35 Ill. Adm.
    Code 103. In this case, the People allege that ConocoPhillips Company violated Section 9(a)
    and (b) of the Act (415 ILCS 5/9(a) and (b) (2002)), 35 Ill. Adm. Code 201.141, and standard
    e further allege that ConocoPhillips
    so as to cause or tend to
     
    On March 17, 2004, the People and ConocoPhillips Company 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)), which requires that the public have an opportunity to
    request a hearing whenever the State and a respondent propose settling an enforcement action
    without a public hearing.
    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
    Alton Telegraph
    on April 7, 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
     
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    stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
    ConocoPhillips Company’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)), which bears on the
    reasonableness of the circumstances surrounding the alleged violations. The People and
    ConocoPhillips Company have satisfied Section 103.302. ConocoPhillips Company neither
    admits nor denies the alleged violations. The stipulation also addresses the factors of Section
    42(h) of the Act (415 ILCS 5/42(h) (2002),
    as amended by
    P.A. 93-575, (eff. Jan. 1, 2004),
    which may mitigate or aggravate the civil penalty amount. ConocoPhillips Company agrees to
    pay a civil penalty of $35,386. 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. ConocoPhillips Company must pay a civil penalty of $35,386 no later than June
    5, 2004, which is the 30th day after the date of this order. ConocoPhillips
    Company must pay the civil penalty by certified check or money order, payable to
    the Environmental Protection Trust Fund. The case number, case name, and
    ConocoPhillips Company’s federal employer identification number must be
    included on the certified check or money order.
     
    3. ConocoPhillips Company 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. ConocoPhillips Company 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
     
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    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 May 6, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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