ILLINOIS POLLUTION CONTROL BOARD
September 1, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VALLEY PETROLEUM, INC., an Illinois
corporation,
Respondent.
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PCB
01-115
(Enforcement - Air, Water, Land)
OPINION AND ORDER OF THE BOARD (by A. Moore):
On February 15, 2001, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Valley Petroleum, Inc. (Valley Petroleum).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Valley
Petroleum’s service station at 260 Schmale Road, in Carol Stream, DuPage County. The parties
now seek to settle without a public hearing. For the reasons below, the Board accepts the
parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Attorney
General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2004); 35 Ill. Adm.
Code 103. In this case, the People allege that Valley Petroleum violated Sections 9(a), 12(a) and
(d), and 57.6 of the Act (415 ILCS 5/9(a), 12(a) and (d), and 57.6 (2004)) and Board regulations
at 35 Ill. Adm. Code 732.202, 732.300, and 732.302(d). According to the complaint, Valley
Petroleum violated these provisions by (1) causing, threatening, or allowing air pollution; (2)
causing, threatening, or allowing water pollution; (3) creating a water pollution hazard; (4)
violating underground storage tank (UST) release 20-day and 45-day reporting requirements; (5)
violating UST release response requirements; and (6) failing to file a free product report.
On July 25, 2005, the People and Valley Petroleum 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2004)), 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. The newspaper notice was published in the
Carol
Stream Press
on July 28, 2005. 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)
(2004); 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.
See
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 Valley Petroleum’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) (2004)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. The People and Valley
Petroleum have satisfied Section 103.302.
The stipulation and proposed settlement also address the factors of Section 42(h) of the
Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil penalty amount.
Valley Petroleum neither admits nor denies the alleged violations but agrees to pay a civil
penalty of $10,000. 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. Valley Petroleum must pay a civil penalty of $10,000 no later than October 3,
2005, which is the first business day following the 30th day after the date of this
order. Valley Petroleum must pay the civil penalty by certified check, money
order, or electronic funds transfer payable to the Illinois Environmental Protection
Agency, designated to the Illinois Environmental Protection Trust Fund.
3. Valley Petroleum must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Valley Petroleum must send a copy of the certified check, money order, or record
of electronic funds transfer and any transmittal letter to:
Christopher Grant
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
3
Mark Gurnik
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Act (415 ILCS 5/42(g) (2004)) at the rate set forth in Section 1003(a)
of the Illinois Income Tax Act (35 ILCS 5/1003(a) (2004)).
5.
Valley Petroleum must cease and desist from future violations of the Act and
Board regulations that were the subject of the complaint.
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) (2004);
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 September 1, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
