ILLINOIS POLLUTION CONTROL BOARD
August 19, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BRICKYARD DISPOSAL AND
RECYCLING, INC., an Illinois corporation,
Respondent.
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PCB 04-218
(RCRA Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On June 14, 2004, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Brickyard Disposal and Recycling, Inc. (Brickyard
Disposal and Recycling).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The
complaint concerns Brickyard Disposal and Recycling’s municipal solid waste and special waste
landfill facility at Danville, Vermilion County. The parties now seek to settle. For the reasons
below, the Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection 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 Brickyard Disposal and Recycling violated Section
21(d)(1), (e), and (f)(1) of the Act (415 ILCS 5/21(d)(1), (e), (f)(1), and (f)(2) (2002)) and 35 Ill.
Adm. Code 703.121. The People further allege that Brickyard Disposal and Recycling violated
these provisions by (1) receiving hazardous waste for disposal at a facility that did not meet the
requirements for a hazardous waste disposal facility; (2) conducting a waste storage, treatment,
or disposal facility in violation of conditions I 9(33) and I 9(f) of the facility operating permit
1994-419-LFM Modification 29; and (3) conducting a hazardous waste treatment, storage, or
disposal facility without a Resource Conservation and Recovery Act (RCRA) permit and in
violation of RCRA regulations.
On June 14, 2004, the People and Brickyard Disposal and Recycling 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
News-Gazette
on July 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).
2
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
Brickyard Disposal and Recycling’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.
Brickyard Disposal and Recycling denies the alleged violations, but agrees to engage in a
supplemental environmental project (SEP) to the value of $40,000, to offset a civil penalty. The
stipulation is quite detailed in its particulars. In short summary, Brickyard Disposal and
Recycling will provide hauling for waste from 3 specified sites in or near Batchton and Easton,
Illinois. Brickyard Disposal and Recycling will also accept as much as 1,142 tons of waste from
the People for disposal at one of four designated landfills: ADS McLean, Bloomington;
Sangamon Valley, Springfield; RCS Landfill, Edwardsville; and/or Brickyard, Danville. In the
event that the People cannot use all of the specified landfill capacity within five to seven years,
Clinton Landfill will pay any remaining balance of the SEP’s value as a civil penalty, calculated
in amounts and at rates provided in the stipulation.
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. The People and Brickyard Disposal and Recycling have satisfied Section
103.302. 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. In summary, Brickyard Disposal and Recycling agrees to engage in a
supplemental environmental review project (SEP) to the value of $40,000.
Brickyard Disposal and Recycling must provide hauling for waste from 3
specified sites in or near Batchton and Easton, Illinois. Brickyard Disposal and
Recycling must also accept as much as 1,142 tons of waste from the People for
disposal at one of four designated landfills: ADS McLean, Bloomington;
Sangamon Valley, Springfield; RCS Landfill, Edwardsville; and/or Brickyard,
Danville.
2. If specified circumstances occur and waste hauling and disposal to a value of
$40,000 is not undertaken, then Brickyard Disposal and Recycling must pay the
remaining value of the SEP into the Environmental Protection Trust Fund by a
certified check as specified in the stipulation.
3. Brickyard Disposal and Recycling must send any certified check or money order
to:
3
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
The stipulation contains additional instructions and details payment.
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)). The stipulation includes additional instructions and details concerning
interest.
5.
Brickyard Disposal and Recycling 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
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 August 19, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
