ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
     
    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)
     
    OPINION AND 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).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The People’s
    complaint concerns Magellan’s petroleum product storage and distribution facility located at
    1222 U.S. Route 30 in Amboy, Lee County.
     
    The complaint alleges that Magellan improperly handled and disposed of hazardous
    waste generated from storage tank restoration activities at the site. The complaint further alleges
    that Magellan violated Section 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 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 identification number; and (4)
    improperly evaluating hazardous waste.
    1
     
     
    On December 8, 2005, the People and Magellan filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Environmental Protection Act (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
    Dixon Telegraph
    on December 27, 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).
    1
    In a related enforcement action, the People filed a separate complaint against Waste
    Management of Illinois, Inc. (WMI), which alleges that WMI improperly accepted, transported,
    and disposed of hazardous waste from Magellan.
    See
    People v. Waste Management of Illinois,
    Inc., PCB 06-42.
     
     
      
    2
     
    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
    Magellan’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 Magellan have satisfied
    Section 103.302. Magellan neither admits nor denies the alleged violations and agrees to pay a
    civil penalty of $18,000. 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. Magellan must pay a civil penalty of $18,000 no later than Monday, March 6,
    2006, which is the first business day after the 30th day from the date of this order.
    Magellan must pay the civil penalty by certified check or money order, payable to
    the Environmental Protection Trust Fund. The case number, case name, and
    Magellan’s social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3. Magellan must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    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
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2004)).
     
    5. Magellan 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
     
     
      
    3
    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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