ILLINOIS POLLUTION CONTROL BOARD

March 2, 2006

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

CITY OF FLORA, an Illinois municipal

corporation,

Respondent.

)

PCB 06-133

(Enforcement - Land, Water)

OPINION AND 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. 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 the City of Flora violated Sections 12(a) 21(d)(1),

(d)(2), and (e) of the 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)),

which requires that the public have an opportunity to request a hearing whenever the State and a

respondent propose settling an enforcement action without a public hearing.

See

35 Ill. Adm.

Code 103.300(a). The Board provided notice of the stipulation, proposed settlement, and request

for relief from hearing. The Board published newspaper notice in the

Daily Clay County

Advocate Express

on January 23, 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 the

City of Flora’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)), which bears on the reasonableness of

the circumstances surrounding the alleged violations.

The City of Flora admits the alleged violations. The stipulation also addresses the factors

of Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil

penalty amount. The City of Flora agrees to pay a civil penalty of $9,600, which the People

asserts is sufficient to deter further violations and aid in future voluntary compliance with the

Act and Board regulations.

The People and the City of Flora have satisfied Section 103.302. The Board accepts the

stipulation and proposed settlement. This docket is now closed.

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. The City of Flora must pay a civil penalty of $9,600 no later than April 3, 2006,

which is the first business day after the 30th day after the date of this order. The

City of Flora must pay the civil penalty by certified check, money order, or

electronic funds transfer, payable to the Environmental Protection Trust Fund.

The case number, case name, and the City of Flora’s social security number or

federal employer identification number must be included on the certified check or

money order.

3. The City of Flora must send the certified check, money order, or electronic funds

transfer to the following person at the indicated address:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

4. The City of Flora must send a copy of the certified check, money order, or record

of electronic funds transfer and any transmittal letter to the following persons at

the indicated addresses:

Kristen Laughridge, Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield, Illinois 62702

James Kropid, Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

5. 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)).

6. The City of Flora 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