ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ASTEC MOBILE SCREENS, INC., a Nevada
    corporation,
     
    Respondent.
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    PCB 06-143
    (RCRA Enforcement)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On March 1, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a five-count complaint against Astec Mobile Screens, Inc., a
    Nevada corporation (Astec Mobile).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code
    103.204. The complaint concerns Astec Mobile’s facility where it manufactures portable
    screening units for the gravel industry located at 2704 West LeFevre Road, Sterling, Whiteside
    County.
     
    The People allege that Astec Mobile violated Sections 21(f)(1) and 21(f)(2) of the
    Environmental Protection Act (Act), and Sections 703.121(a), (b), 722.111, 739.122(c)(1), and
    808.121(a) of the Board’s waste disposal regulations. 415 ILCS 5/21(f)(1), (2)(2004); 35 Ill.
    Adm. Code 703.121(a), (b), 722.111, 739.122(c)(1), and 808.121(a). The People further allege
    that Astec Mobile violated these provisions by failing to obtain a Resources Conservation
    Recovery Act (RCRA) permit for the facility or, alternatively, comply with the hazardous waste
    generator regulations that would exempt it from permit requirements. The People also allege
    Astec Mobile failed to meet the applicable waste disposal regulations in disposing of spent spray
    booth filters, spray booth floor sweepings, and used oil generating from the manufacturing
    process.
     
    On April 26, 2006, the People and Astec Mobile 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, Astec Mobile neither admits nor denies the alleged violations, but agrees to pay a
    civil penalty of $13,000.
     
    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
     
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    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 May 18, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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