ILLINOIS POLLUTION CONTROL BOARD
August 19, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ROYAL TRUCKING COMPANY, a
Mississippi corporation,
Respondent.
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PCB 04-67
(Enforcement - Water)
ORDER OF THE BOARD (by T.E. Johnson):
On October 17, 2003, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Royal Trucking Company (Royal Trucking).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At issue is the People’s allegation
that Royal Trucking violated Section 12(a) and (d) of the Environmental Protection Act (415
ILCS 5/12(a) and (d) (2002)). The People further allege that Royal Trucking violated these
provisions by threatening or causing water pollution when a truck overturned in transit releasing
sodium bisulfite on the roadway and in swales along the roadway on Interstate 94 in Chicago,
Cook County.
On July 28, 2004, the People and Royal Trucking 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, Royal Trucking does not admit to the violations alleged in the complaint, but agrees
to pay a civil penalty of $5,000.
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
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on August 19, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board