ILLINOIS POLLUTION CONTROL BOARD
July 22, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CHEVRON ENVIRONMENTAL SERVICES
COMPANY, a Delaware corporation,
Respondent.
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PCB 02-03
(Enforcement – Land, Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On July 12, 2001, the People of the State of Illinois (People) filed a two-count complaint
against Chevron Environmental. The complaint alleges that Chevron Environmental caused or
allowed contamination of groundwater resulting in water pollution and caused or allowed the
open dumping of waste at its oil refinery facility located at 301 West 2nd Street, Lockport, Will
County (site). These activities were in alleged violation of Section 12(a) and 21(a) of the
Environmental Protection Act (Act) (415 ILCS 5/12(a), 21(a) (2002)) and 35 Ill. Adm. Code
620.405.
On May 5, 2004, the People and Chevron Environmental 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)) and attachments A through D. Attachment A is a copy
of the RCRA part B post closure permit for the site issued by the Agency to the Chevron
Environmental on September 28, 2001. Attachments B and C are workplan approval letters
issued by the Agency under the post-closure permit. Attachment D provides for stipulated
penalties. 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.
The newspaper notice was published in
The Herald News
on June 17, 2004. The Board did not
issued by the Agency under the post-closure permit. Attachment D provides for stipulated
penalties. This filing is authorized by Section 31(c)(2) of the
See
35 Ill. Adm. Code 103.300(a).
The Board provided notice of the stipulation, proposed settlement, and request for relief.
The newspaper notice was published in
The Herald News
on June 17, 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
Chevron Environmental’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 Chevron
Environmental have satisfied Section 103.302. Under the stipulation, the Chevron
Environmental neither admits nor denies the alleged violations and agrees to pay a civil penalty
of $50,000. As mentioned above, attachment D to the stipulation provides for additional
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stipulated penalties in the event Chevron Environmental fails to complete any activity or meet
any deadline required by the stipulation. Under the stipulation, Chevron Environmental also
agrees to fund the costs of an Agency inspector to oversee implementation of the RCRA permit
and compliance activities. 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. Chevron Environmental Services Company (Chevron Environmental) must pay a
civil penalty of $50,000 no later than August 23, 2004, which is the 30th day after
the date of this order. Chevron Environmental must pay the civil penalty by
certified check or money order, payable to the Environmental Protection Trust
Fund. The case number, case name, and Chevron Environmental’s social security
number or federal employer identification number must be included on the
certified check or money order.
3. Chevron Environmental 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. Chevron Environmental must pay any stipulated penalties, provided in attachment
D to the stipulation, in the same manner as the civil penalty as set forth in
paragraphs two through four of this order.
6. Chevron Environmental 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 July 22, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
