ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CITY OF FLORA, an Illinois municipal
    corporation,
     
    Respondent.
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    PCB 06-133
    (Enforcement - Land, Water)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On January 18, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against the City of Flora.
    See
    415 ILCS
    5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. Accompanying the complaint was a stipulation
    and proposal for settlement. The complaint concerns the City of Flora’s 121-acre municipal No.
    2 landfill off Route 1 South in the northeast quarter of Section 2, Township 2 North, Range 2
    East, in Harter Township, Clay County.
     
    The People allege that the City of Flora violated Section 12(a) 21(d)(1), (d)(2), and (e) of
    the Environmental Protection Act (Act) (415 ILCS 5/12(a) 21(d)(2) and (e) (2004)) and 35 Ill.
    Adm. Code 620.115, 620.420(a), 620.405, 745.181, 807.302, 807.305, 807.306, 807.311,
    807.502, and 807.508. The People further allege that the City of Flora violated these provisions
    by (1) violating final cover requirements; (2) allowing litter to accumulate; (3) causing or
    allowing the open burning of vegetation; (4) failing to have a designated operator; (5) failing to
    close in a manner that minimizes the need for further maintenance; (6) failing to submit an
    affidavit of closure by a professional engineer; (7) failing to comply with various special
    conditions to its operating permits that relate to groundwater quality; (8) violating various
    groundwater quality standards; and (9) causing or allowing contaminants in the groundwater.
     
    The January 18, 2006 stipulation and proposed settlement was 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, the City of Flora admits the
    alleged violations and agrees to pay a civil penalty of $9,600.
     
    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.
     
    2
    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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