ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    WASTE MANAGEMENT OF ILLINOIS,
    INC., a Delaware corporation,
    Respondent.
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    PCB 06-42
    (Enforcement - Land)
    ORDER OF THE BOARD (by A.S. Moore):
    On September 13, 2005, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a three-count complaint against Waste Management of
    Illinois, Inc. (WMI).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The
    complaint concerns the Prairie Hill Recycling and Disposal facility, a municipal solid waste
    sanitary landfill operated by WMI and located in Morrison, Whiteside County.
    The People allege that WMI violated the provisions of its landfill permit, Sections
    21(d)(1), 21(f)(1), 21(f)(2), 21(o)(7) of the Environmental Protection Act (Act) (415 ILCS
    5/21(d)(1), 21(f)(1), 21(f)(2), 21(o)(7) (2004)), and Sections 703.121(a), 723.111, and
    723.120(a) of the Board’s waste disposal regulations (35 Ill. Adm. Code 703.121(a), 723.111,
    723.120(a)). The People further allege that WMI violated these provisions by (1) accepting and
    disposing of hazardous waste in the form of Styrofoam at the Prairie Hill landfill; (2) accepting
    hazardous waste and conducting a hazardous waste disposal operation without a Resource
    Conservation and Recovery Act (RCRA) permit; and (3) accepting and transporting hazardous
    waste without a hazardous waste manifest and without first obtaining a United States
    Environmental Protection Agency identification number. The People allege that the Styrofoam
    contained toxic levels of benzene and that it came from repairing or rehabilitating petroleum
    product storage tanks at the distribution terminal of Magellan Pipeline Company, L.P. in Amboy,
    Lee County.
    1
    On January 18, 2006, the People and WMI 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). Under the proposed stipulation, WMI
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $20,000.
    1
    The People filed a separate complaint against Magellan Pipeline Company, L.P. That
    complaint alleges that Magellan’s’ handling and disposal of the Styrofoam violated hazardous
    waste requirements.
    See
    People v. Magellan Pipeline Company, L.P., PCB 06-36.
    2
    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. 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 February 2, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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