ILLINOIS POLLUTION CONTROL BOARD
    December 15, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MAGELLAN PIPELINE COMPANY, L.P., a
    limited partnership,
     
    Respondent.
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    PCB 06-36
    (RCRA Enforcement)
    ORDER OF THE BOARD (by A.S. Moore):
     
    On September 6, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a four-count complaint against Magellan Pipeline Company, L.P.
    (Magellan Pipeline). The People’s complaint concerns Magellan Pipeline’s petroleum product
    storage and distribution facility located at 1222 U.S. Route 30 in Amboy, Lee County. The
    complaint alleges that Magellan Pipeline improperly handled and disposed of hazardous waste
    generated from storage tank restoration activities at the site. The parties now seek to settle
    without a public hearing. For the reasons below, the Board directs the Clerk to provide public
    notice of the parties’ stipulation, proposed settlement, and request for relief from the hearing
    requirement.
     
    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 Magellan Pipeline violated Sections 21(e) and
    (f)(2) of the Act (415 ILCS 5/21(e), (f)(2) (2004)) and Sections 722.111, 722.112, 722.120(a),
    and 728.109(a) and (c) of the Board’s hazardous waste regulations (35 Ill. Adm. Code 722.111,
    722.112, 722.120(a), 728.109(a), (c)). According to the complaint, Magellan Pipeline violated
    these provisions by (1) improperly disposing of hazardous waste at a facility that does not have a
    Resource Conservation and Recovery Act (RCRA) permit; (2) failing to prepare a hazardous
    waste manifest; (3) offering hazardous waste to a facility that does not have a United States
    Environmental Protection Agency (USEPA) identification number; and (4) improperly
    1
        
     
    1
    In a related enforcement action, the People filed a separate complaint against Waste
    Management of Illinois, Inc. (WMI), alleging that WMI improperly accepted, transported, and
    disposed of hazardous waste from Magellan Pipeline. That complaint, which the Board accepted
    for hearing in an October 6, 2005 order, concerns the Prairie Hill Recycling and Disposal
    facility, a municipal solid waste sanitary landfill operated by WMI and located in Morrison,
    Whiteside County.
    See
    People v. Waste Management of Illinois, Inc., PCB 06-42 (Oct. 6, 2005).
     
    2
    On December 8, 2005, the People and Magellan Pipeline filed a stipulation and proposed
    settlement. On December 9, 2005, the People filed a request for relief from the hearing
    requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2004)). These filings are
    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).
    Under the proposed stipulation, Magellan Pipeline neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of $18,000.
     
    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.
    See
    415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 15, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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