ILLINOIS POLLUTION CONTROL BOARD
    October 21, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WOOD RIVER REFINING COMPANY, a
    division of EQUILON ENTERPRISES, LLC,
     
    Respondent.
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    PCB 99-120
    (Enforcement – Air, Land)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On October 6, 2004, Wood River Refining Company filed a motion asking the Board to
    modify the September 16, 2004 order accepting a stipulated settlement agreement. On October
    13, 2004, complainant filed a response in support of the motion to modify.
     
    Specifically, Wood River Refining Company asks the Board to modify the order by
    deleting the language ordering Wood River Refining Company to cease and desist from the
    alleged violations. Wood River Refining Company indicates that all remediation was completed
    prior to the stipulation and settlement being entered into by the parties and the cease and desist
    language was left out by the parties because the language was not relevant or necessary.
     
    The Board grants the motion to modify. The Board sets forth the order in its entirety
    below.
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Wood River Refining Company must pay a civil penalty of $126,000 no later than
    November 22, 2004, which is the 30th day after the date of this order. Wood
    River Refining Company must pay the civil penalty by certified check or money
    order, payable to Environmental Protection Trust Fund. The case number, case
    name, and Wood River Refining Company’s social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3. Wood River Refining Company must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
     
    2
    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)).
     
    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 October 21, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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