ILLINOIS POLLUTION CONTROL BOARD

July 22, 2004

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

WHITEWAY SANITATION, INC., an Illinois

corporation,

Respondent.

)

PCB 04-140

(Enforcement - Land)

OPINION AND 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 transporting wast

e 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. The Board provided notice of the stipulation, proposed settlement, and request for relief.

The newspaper notice was published in the

Telegraph

on June 18, 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

stipulation and proposed settlement. 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

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 Whiteway have satisfied Section 103.302. Under the proposed

stipulation, Whiteway admits the alleged violations and agrees to pay a civil penalty of $4,500.

The Board accepts the stipulations and proposed settlements.

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. Whiteway Sanitation, Inc., an Illinois corporation (Whiteway) must pay a total

civil penalty of $4,500. A payment of $1,000 must be paid on or before

August 23, 2004; an additional payment of $1,000 must be paid on or before

November 19, 2004; an additional payment of $1,000 must be paid on or before

February 17, 2005; and an additional payment of $1,500 must be paid on or

before May 18, 2005. Whiteway must pay the civil penalty by certified check,

money order or wire transfer, payable to the Environmental Protection Trust

Fund. The case number, case name, and Whiteway’s social security number or

federal employer identification number must be included on the certified check or

money order.

3. Respondents must send the certified checks or money orders to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

4. A copy of the certified check or money order and the transmittal letter must be

sent to:

Thomas Davis

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield, Illinois 62702

James

Richardson

Assistant

Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

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). When partial payments are made, such partial payments will first be

applied to any interest on unpaid payments then due and owing. All interest on

payments owed must be paid by certified check or money order, payable to the

Illinois Environmental Protection Agency (Agency), designated to the Illinois

Environmental Trust Fund as noted above.

Respondents must cease and desist from the alleged violations.

In addition to any other authority, the Agency and the Attorney General, and the

agents and representatives of either, have the right of entry into and upon

Whiteway’s facility at all reasonable times for the purposes of carrying out

inspections.

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 July 22, 2004, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board