ILLINOIS POLLUTION CONTROL BOARD
    October 6, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    GKN AEROSPACE NORTH AMERICA,
    INC., a Delaware corporation,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 06-5
    (RCRA Enforcement)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On July 7, 2005, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against GKN Aerospace North America, Inc. (GKN
    Aerospace).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint
    concerns GKN Aerospace’s shipment of a 20-ton roll-off container of sump sludge that
    contained hazardous waste from its aerospace facility at 142 JS McDonnell Boulevard,
    Hazelwood, St. Louis County, Missouri to the Milam Recycling and Disposal non-hazardous
    solid waste landfill in St. Clair County, Illinois. 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
    . (2004)), 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 (2004); 35 Ill. Adm.
    Code 103. In this case, the People allege that GKN Aerospace violated Sections Section 21(e) of
    the Act (415 ILCS 5/21(e) (2004)) and 35 Ill. Adm. Code 722.120(a) and (b), 722.133,
    728.107(a)(1) and (a)(2), and 728.109(a), 728.138(a), and 728.140. The People further allege
    that GKN Aerospace violated these provisions by shipping hazardous waste (1) without
    determining the appropriate hazardous waste number; (2) without placarding the waste container;
    (3) without preparing a hazardous waste manifest; (4) without notifying the receiving facility that
    the waste was a hazardous waste; (5) for disposal at a landfill that was not permitted to receive
    hazardous waste; and (6) for landfill disposal that did not meet the land disposal restrictions.
     
    On July 7, 2005, the People and GKN Aerospace 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 from hearing. The Board published newspaper notice
    in the
    Belleville News Democrat
    on August 31, 2005. The Board did not receive any requests for
     
    2
    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).
     
    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
    GKN Aerospace’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.
     
    GKN Aerospace neither admits nor denies the alleged violations. The stipulation also
    addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate
    or aggravate the civil penalty amount. GKN Aerospace agrees to pay a civil penalty of $22,000,
    which the parties stipulate is at least as great as GKN Aerospace’s economic benefit from
    delayed compliance, if any.
     
    The People and GKN Aerospace have satisfied Section 103.302. The Board accepts the
    stipulation and proposed settlement. This docket is now closed.
     
    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. GKN Aerospace must pay a civil penalty of $22,000 no later than November 7,
    2005, which is the first business day after the 30th day after the date of this order.
    GKN Aerospace must pay the civil penalty by certified check, money order, or
    electronic funds transfer, payable to the Environmental Protection Trust Fund.
    The case number, case name, and GKN Aerospace’s federal employer
    identification number, 36-4399771, must be included on the certified check or
    money order.
     
    3. GKN Aerospace must send the certified check, money order, or electronic funds
    transfer to the following person at the indicated address:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. GKN Aerospace must send a copy of the certified check, money order, or record
    of electronic funds transfer and any transmittal letter to the following persons at
    the indicated addresses:
     
    3
    Kristen Laughridge, Assistant Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
     
    Melanie Jarvis, Assistant Counsel
    Illinois Environmental Protection Agency
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    5.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection 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)).
     
    6.
    GKN Aerospace 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) (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 October 6, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top