ILLINOIS POLLUTION CONTROL BOARD
    November 4, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    HERITAGE FS, INC., an Illinois incorporated
    cooperative,
     
    Respondent.
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    PCB 04-224
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 23, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Heritage FS, Inc. (Heritage FS).
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns Heritage FS’s branch
    bulk fuel facility at 2201 Grinnel Road, Kankakee, Kankakee County.
     
    The People allege that Heritage FS violated Section 12(a), (d), and (f) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(a), (d), and (f) (2002)) and 35 Ill. Adm.
    Code 304.105, 304.106, and 309.102(a) by releasing approximately 790 gallons of diesel fuel in
    July 2003. The People allege that approximately 540 of the 790 gallons were deposited on the
    ground, of which a portion flowed, aided by heavy rain, over land about 400 feet to a drainage
    ditch that leads to Soldier Creek, a tributary of the Kankakee River, and ultimately to the
    Kankakee River, where it was carried a mile downstream. The remaining 250 gallons were
    allegedly caught and retained by a recovery tank.
     
    On October 26, 2004, the People and Heritage FS 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, Heritage FS neither admits nor denies the violations alleged in the complaint, and
    agrees to pay a civil penalty of $10,000. Heritage FS also agrees to perform two supplemental
    environmental projects.
     
    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.
     
     
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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