ILLINOIS POLLUTION CONTROL BOARD
August 17, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
D & L LANDFILL, INC., an Illinois
corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 06-136
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On February 9, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a two-count complaint against D & L Landfill, Inc. (D & L
Landfill).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns
D & L Landfill’s landfill facility at 1212 Ayers Road, Greenville, Bond County. The parties
now seek to settle. 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 D & L Landfill violated Sections 21(d)(1), (d)(2),
and (o)(5) of the Act (415 ILCS 5/21(d)(1), (d)(2), and (o)(5) (2004)) and 35 Ill. Adm. Code
811.106(a) and 811.313(a). The People further allege that D & L Landfill violated these
provisions by (1) failing to cover waste at the conclusion of an operational day; and (2) failing to
cover waste with one foot of compacted clean soil within 60 days of placement in the fill.
On July 13, 2006, the People and D & L Landfill 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)), 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
The Greenville Advocate
on July 18, 2006; any timely hearing request was due to be filed
August 8, 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
2
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
respondents 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 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.
D & L Landfill admits the alleged violations. D & L Landfill agrees to pay a civil
penalty of $13,250. The People assert this penalty will serve to deter further violations and aid
in future voluntary compliance with the Act and Board regulations.
The People and D & L Landfill have satisfied Section 103.302. The Board accepts the
stipulation and proposed settlement. Consistent with the stipulation, the Board orders D & L
Landfill to pay the civil penalty to its attorney within seven days, who must submit it to the
Agency within 15 days after the date of this order, rather than within 30 days as is the Board’s
usual custom. 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.
D & L Landfill must pay a civil penalty of $13,250. D & L Landfill must submit
this sum to its attorney of record no later than August 24, 2006. which is the first
business day after the 7th day after the date of this order. D & L Landfill’s
attorney of record must submit the civil penalty to the Agency on or before
August 31, 2006, which is the first business day after the 15 day after the date of
this order. D & L Landfill must pay the civil penalty by certified check, money
order, or electronic funds transfer, payable to the Illinois Environmental
Protection Agency, designated to the Environmental Protection Trust Fund. The
case number, case name, and D & L Landfill’s federal employer identification
number must be included on the certified check, money order, or electronic funds
transfer statement.
3.
D & L Landfill, through its attorney of record, 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
3
4.
D & L Landfill, through its attorney of record, must send a copy of the certified
check, money order, or record of electronic funds transfer and any transmittal
letter to the following person at the indicated address:
P. Poitevint
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Melanie Jarvis, 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.
D & L Landfill 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 August 17, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
