ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    PETCO PETROLEUM CORPORATION, an
    Indiana corporation,
     
    Respondent.
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    PCB 05-66
    (Enforcement – Water)
     
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On April 14, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed an amended complaint against Petco Petroleum Corporation
    (Petco).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns
    Petco’s oil production facilities and Class II injection wells near St. Elmo, Fayette County. The
    Board accepted the amended complaint for hearing on May 19, 2005. The parties now seek to
    settle. 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 Petco violated Section 12(a) and (d) of the
    Environmental Protection Act (Act) (415 ILCS 5/12(a) and (d) (2004)) and Sections 302.203,
    304.105, 304.106, and 302.208(g) of the Board’s effluent and water quality standards (35 Ill.
    Adm. Code 302.203, 304.105, 304.106, 302.208(g)) by causing or allowing water pollution and
    violating the chloride water quality standard. The complaint further states that these violations
    resulted from spills and leaks totaling approximately 1,100 barrels of salt water and 20 barrels of
    crude oil.
     
    On December 22, 2005, the People and Petco 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)).
    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
    Mt. Vernon Register-News
    on December 24, 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).
     
    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
     
    2
    Petco’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)). The People and Petco have satisfied Section
    103.302. Under the proposed stipulation, Petco neither admits nor denies the alleged violations
    and agrees to pay a civil penalty of $135,000. 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. Petco Petroleum Company (Petco) must pay a civil penalty of $135,000 no later
    than March 4, 2006, which is the 30th day after the date of this order. Petco must
    pay the civil penalty by a company check, payable to the Environmental
    Protection Trust Fund. The case number, case name, and Petco’s social security
    number or federal employer identification number must be included on the
    certified check.
     
    3. Petco must send the certified check to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    Copies of the check must be sent to:
     
    Thomas Davis
    Assistant Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
     
    John Waligore
    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 Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
     
    3
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    5. Petco 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 February 2, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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