ILLINOIS POLLUTION CONTROL BOARD
    June 17, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WHITEWAY SANITATION, Inc., an Illinois
    corporation,
     
    Respondent.
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    PCB 04-140
     
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 9, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Whiteway Sanitation, Inc., an Illinois
    corporation (Whiteway).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The
    complaint concerns Whiteway’s garage facility located at 98 Curtis Street, Jerseyville, Jersey
    County.
     
    The People allege that Whiteway violated Sections 21(a),(d),(e) and (p)(1) and (7);
    22.14(a); and 55(a)(1) and (3) of the Environmental Protection Act (Act). 415 ILCS
    5/21(a),(d),(e) and (p)(1) and (7); 22.14(a); and 55(a)(1) and (3) (2002); 35 Ill. Adm. Code
    722.111, 739.122(c), 808.121 and 812.101(a) (1994); and 35 Ill. Adm. Code 739.122(d), 807.201
    and 807.202(a) (2002). The People allege Whiteway violated these provisions by (1) causing, or
    allowing the open dumping of waste; (2) conducting a waste storage or waste disposal operation
    without a permit; (3) disposing, storing, or transp
    orting waste at a site not meeting the
    requirements of the Act or Board regulations; (4) causing or allowing the open dumping of waste
    in a manner resulting in litter or deposition of construction debris; (5) developing and operating a
    landfill without a permit; (6) allowing the operation or use of a solid waste management site
    without an operating permit; (7) causing or allowing the open dumping of used waste tires; (8)
    establishing a pollution control facility for use as a garbage transfer station; (9) generating a
    waste and failing to determine if that waste is a special waste; (10) failing to label containers
    storing used oil; and (11) failing to stop, contain or cleanup the release of used oil.
     
    On June 9, 2004, the People and Whiteway 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). These filings are 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,
    Whiteway admits to the violations alleged in the complaint, and agrees to pay a civil penalty of
    $4,500.
     
    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
     
      
     
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    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) (2000); 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 17, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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