ILLINOIS POLLUTION CONTROL BOARD
September 7, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SALINE COUNTY LANDFILL,
Respondent.
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PCB 06-117
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On December 28, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a one-count complaint against Saline County Landfill, Inc. (Saline
County Landfill).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint
concerns Saline County Landfill’s landfill at 5000 Whitesville Road, Harrisburg, Saline County.
The People allege that Saline County Landfill violated its permit, Section 21(o)(5) of the
Environmental Protection Act (Act) (415 ILCS 5/21(o)(5) (2004)) and 35 Ill. Adm. Code
811.106(a). The People further allege that Saline County Landfill violated these provisions by
conducting operations at a permitted landfill in such manner that uncovered refuse remained
from a previous operating day. The People ask the Board to order Saline County Landfill to
cease and desist from further violation and pay a civil penalty in accordance with statute.
On August 2, 2006, the People and Saline County 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
Harrisburg Daily Register
on August 4, 2006; any timely hearing
request was due to be filed August 25, 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
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
2
Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil
penalty amount.
Saline County Landfill admits the alleged violations. Saline County Landfill agrees to
pay a civil penalty of $8,000. 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 Saline County Landfill have satisfied Section 103.302. The Board
accepts the stipulation and proposed settlement. Consistent with the stipulation, the Board orders
Saline County Landfill to pay the civil penalty for the admitted violations within ten days, 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.
Saline County Landfill must pay a civil penalty of $8,000 no later than September
18, 2006, which is the first business day after the 10th day after the date of this
order. Saline County 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 Saline County Landfill’s federal employer
identification number must be included on the certified check, money order, or
electronic funds transfer statement.
3.
Saline County Landfill must send the certified check, money order, or electronic
funds transfer to the indicated address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Saline County Landfill 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
3
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.
Saline County 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 September 7, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
