ILLINOIS POLLUTION CONTROL BOARD
December 7, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MOORE PAINTING CO., and ILLINOIS-
AMERICAN WATER COMPANY,
Respondents.
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PCB 06-104
(Enforcement – Air, Land, Water)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On December 20, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Moore Painting Co. (Moore) and Illinois-
American Water Company (IAW) (collectively respondents) (415 ILCS 5/31(c)(1) (2004)); 35
Ill. Adm. Code 103.204. The complaint concerns a vertical water storage tank located at 1013
Cardinal Street in a residential area of the city of Alton, Madison County.
In the complaint, the People allege that respondents violated Sections 9(a), 12(d), 21(a),
(e), and (p)(1); and 35 Ill. Adm. Code 722.111 and 808.121(a) (415 ILCS 5/9(a), 12(d), 21(a)(e),
and (p)(1) (2004)). The People allege that the respondents violated these provisions by failing to
implement effective precautions during the removal of lead-based paint, thereby causing,
allowing or threatening the discharge of a contaminant into the air so as to cause or tend to cause
air pollution; by failing to implement effective precautions during the removal of lead-based
paint thereby creating a water pollution hazard; by depositing, dumping, or abandoning lead-
based paint waste; by employing uncontained hydro-blasting on lead-based paint in such a way
as to cause or allow open dumping; and by failing to perform hazardous or special waste
determinations. The Board accepted the case for hearing on January 5, 2006.
On October 11, 2006, the People filed two stipulations and proposed settlements – one
with each respondent, accompanied by a request for relief from the hearing requirement of
Section 31(c)(1) of the Act with.
See
415 ILCS 5/31(c)(1) (2004). Although the pleadings are
entitled partial stipulations, each resolves the entire matter between the parties. These filings are
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 first proposed stipulation, Moore does not admit the violations alleged in
the complaint, but agrees to pay a civil penalty of $16,800. Under the second stipulation, IAW
does not admit the violations alleged in the complaint, but agrees to pay a civil penalty of $9,200.
The Board provided notice of the stipulations, proposed settlements, and requests for
relief from hearing. The Board published newspaper notice in the
Alton Telegraph
on
October 27, 2006. The Board did not receive any requests for hearing. The Board grants the
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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 the
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.
As previously stated, Moore does not admit the violations alleged in the complaint, but
agrees to pay a civil penalty of $16,800. IAW does not admit the violations alleged in the
complaint, but agrees to pay a civil penalty of $9,200. The stipulations address the factors of
Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil
penalty amount. The People determined that civil penalties of $16,800 and $9,200 were
appropriate.
The People and Moore, and the People and IAW have satisfied Section 103.302. The
Board accepts the stipulations and proposed settlements.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the two stipulations and
proposed settlements.
2.
Moore Painting Co. (Moore) must pay a civil penalty of $16,800 on or before
January 2, 2007, the first business day following 30 days from the date of this
order.
3.
Illinois-American Water Company (IAW) must pay a civil penalty of $9,200 on
or before January 2, 2007, the first business day following 30 days from the date
of this order.
4.
Moore and IAW must pay the civil penalties by certified check, money order or
electronic funds transfer, payable to the Environmental Protection Trust Fund.
The case number, case name, and the respondents’ federal employer identification
or social security numbers must be included on the certified checks or money
orders. If submitting an electronic funds transfer to the Agency, the electronic
funds transfers must be made in accordance to the specific instructions provided
to respondents.
5.
Moore and IAW must submit the certified checks, money orders or electronic
funds transfers to:
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Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
6.
A copy of the certified checks, money orders or record of the electronic funds
transfers and any transmittal letters must be sent to the following:
P. Poitevint
Attorney General's Office
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Michael Roubitchek
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
7.
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).
8.
Moore and IAW 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 December 7, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
