ILLINOIS POLLUTION CONTROL BOARD
    March 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)
          
     
    OPINION AND 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 complaint against Waste Management of Illinois, Inc.
    (WMI).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c).
     
    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
    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.
     
    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). The Board provided notice of the
    stipulation, proposed settlement, and request for relief. The newspaper notice was published in
    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
    the
    Whiteside News Sentinel
    on January 24, 2006. 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
    WMI’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 WMI have satisfied Section
    103.302. WMI neither admits nor denies the alleged violations and agrees to pay a civil penalty
    of $20,000. 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. WMI must pay a civil penalty of $20,000 no later than Monday, April 3, 2006,
    which is the first business day after the 30th day after the date of this order. WMI
    must pay the civil penalty by certified check or money order, payable to the
    Illinois Environmental Protection Trust Fund. The case number, case name, and
    WMI’s social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3. WMI 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. WMI 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.
     
     
      
    3
    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 March 2, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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