ILLINOIS POLLUTION CONTROL BOARD
April 20, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PREMIER WASTE & RECYCLING, INC., an
Illinois corporation,
Respondent.
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PCB 06-49
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On October 6, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Premier Waste & Recycling, Inc., and Illinois
Corporation (Premier).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The
complaint concerns a site operated by Mr. Willie Carter and located at 15600 Commercial Street,
Harvey, Cook County (Carter site). The People allege the Carter site is an unpermitted waste
disposal operation where Premier deposited waste. Premier is in the business of waste removal,
transportation, and disposal.
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 to enforce
Illinois’ environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2004); 35 Ill.
Adm. Code 103. In this case, the People allege that Premier violated Sections 21(a) and (e) of
the Environmental Protection Act (415 ILCS 5/21(a) and (e) (2004)) by causing or allowing the
consolidation of waste at one or more places at the Carter site, an operation that was not
permitted by the Illinois Environmental Protection Agency (Agency) to conduct waste disposal.
The People allege that approximately 308 truckloads of mixed debris were deposited at the
Carter site.
On March 3, 2006, the People and Premier 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
the
Daily Southtown
on March 15, 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
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Premier’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 Premier have satisfied
Section 103.302. Premier neither admits nor denies the alleged violations and agrees to pay a
civil penalty of $30,000. 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.
Premier Waste & Recycling, Inc. (Premier) must pay a civil penalty of $30,000 no
later than May 20, 2006, which is the 30th day after the date of this order.
Premier must pay the civil penalty by certified check, money order, electronic
funds transfer. The case number, case name, and Premier’s social security
number or federal employer identification number must be included with the
method payment.
3.
Premier must send the certified check, money order, or electronic funds transfer
payable the Illinois EPA, designated to the Environmental Protection Trust Fund
and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the certified check, money order or record of electronic funds transfer
must be sent to:
Christopher Grant
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20
th
Floor
Chicago, Illinois 60601
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.
Premier must cease and desist from the alleged violations.
IT IS SO ORDERED.
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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 April 20, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
