ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MacMURRAY COLLEGE, an Illinois not-for-
    pecuniary profit corporation,
     
    Respondent.
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    PCB 04-50
    (Enforcement – Air, Land)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On October 9, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against MacMurray College.
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that MacMurray College
    violated Sections 9.1(d), 21(a), (d)(1) and (2), (e), and (p)(1) and (7) of the Environmental
    protection Act (Act), Sections 722.111, 739.122(c)(1), 808.121(a), and 812.101(a) of the Board’s
    hazardous and solid waste regulations, and several sections of the federal National Emissions
    Standards for Hazardous Air Pollutants (NESHAP) for asbestos. 415 ILCS 5/9.1(d), 21(a),
    (d)(1) and (2), (e), and (p)(1) and (7) (2002); 35 Ill. Adm. Code 722.111, 739.122(c)(1),
    808.121(a), and 812.101(a). The People further allege that MacMurray College violated these
    provisions while renovating an old fieldhouse owned by the private college. The complaint
    concerns renovation activities conducted in 2001 at a fieldhous
    e located at 460 Hardin Street,
    Jacksonville, Morgan County.
     
    On January 20, 2005, the People and MacMurray College 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)).
    See
    the stipulation, proposed settlement, and request
    for relief. The newspaper notice was published
    in the
    Jacksonville Journal-Courier
    on February 2, 2005. The Bo
    ard 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
    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
    MacMurray College’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)). The People and MacMurray
    College have satisfied Section 103.302.
     
     
    2
    Under the proposed stipulation, MacMurray College neither admits nor denies the alleged
    violations and agrees to implement and complete a supplemental environmental project (SEP) in
    lieu of paying a civil penalty. Under the SEP, MacMurray College agrees to collect used
    computers and computer monitors from the community, donate the usable equipment to
    charitable organizations for use or resale, and dispose of the non-usable equipment in an
    environmentally acceptable manner. 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.
     
    2.
    MacMurray College must implement a supplemental environmental project
    (SEP), as set forth in Exhibit 1 of the stipulation and proposed settlement. The
    SEP must consist f a program to collect used computers and computer monitors
    from the community, the donation of usable equipment to charitable organizations
    for use or resale, and the environmentally acceptable disposal of the non-usable
    equipment. MacMurray College must complete the SEP within one calendar year
    after MacMurray commences implementation of this SEP, or upon the final
    disposal of all collected equipment, whichever occurs later.
     
    3.
    MacMurray College must certify completion of the SEP by submitting a report to
    the Illinois Environmental Protection Agency and the Office of the Attorney
    General within 30 days after completion.
     
    4.
    MacMurray College 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 March 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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