ILLINOIS POLLUTION CONTROL BOARD
September 21, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
THE CITY OF HARVEY,
Respondent.
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PCB 07-8
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On August 4, 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 Harvey (City).
See
415
ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns an undeveloped
parcel of land owned by the City situated within the right-of-way of Myrtle Street, south of 148th
Street and north of the B & O Railroad property in Harvey, Cook County.
The People allege that the City violated Section 21(a) and (p) of the Environmental
Protection Act (Act) (415 ILCS 5/21(a) and (p) (2004)). The People further allege that the City
violated these provisions by causing or allowing open dumping at an unpermitted site and by
causing or allowing open dumping resulting in litter. The People ask the Board to order the City
to cease and desist from further violation and to pay a civil penalty in accordance with statute.
Along with the complaint, on August 4, 2006, the People and respondent also 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 from
hearing. The Board published newspaper notice in the
Daily Southtown
on August 16, 2006; any
timely hearing request was due to be filed September 6, 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
Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil
penalty amount.
2
Under the proposed stipulation, the respondent neither admits nor denies the alleged
violations, but agrees to pay a total civil penalty of $10,000. 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 respondent 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 respondent, the City of Harvey, must pay a civil penalty of $10,000.
Payment must be made no later than October 23, 2006, which is the first business
day after the 30th day after the date of this order. Respondent’s attorney of record
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
respondent’s federal employer identification number must be included on the
certified check, money order, or electronic funds transfer statement.
3. Respondent, through its attorney of record, 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. Respondent, through its attorney of record, must send a copy of the certified
check, money order, or electronic funds transfer and any transmittal letter to the
following persons at the indicated addresses:
Vanessa Vail
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20
th
Floor
Chicago, Illinois 60601
Mark Gurnick
Assistant Counsel
Illinois Environmental Protection Agency
3
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. Respondent 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 21, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
