ILLINOIS POLLUTION CONTROL BOARD
    April 19, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BIG RIVER ZINC CORPORATION, a
    Delaware corporation, and ALLIED WASTE
    TRANSPORTATION, INC. d/b/a MIDWEST
    WASTE, a Delaware corporation,
    Respondents.
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    PCB 06-151
    (Enforcement - Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 28, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Big River Zinc Corporation (Big River Zinc)
    and Allied Waste Transportation, Inc. d/b/a Midwest Waste (Allied Waste).
    See
    415 ILCS
    5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Big River Zinc’s zinc
    metal and co-product facility at 2401 Mississippi Avenue in Sauget, St. Clair County.
    On August 17, 2006, the Board issued an opinion and order in this case, accepting a
    stipulation and proposed settlement between the People and Big River Zinc. Allied Waste was
    not a party to that settlement. On April 10, 2007, the People and Allied Waste filed a stipulation
    and proposed settlement, accompanied by a request for relief from the hearing requirement of
    Section 31(c)(1) of the Environmental Protection Act (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 complaint alleges that Allied Waste violated Section 21(g) of the
    Act (415 ILCS 5/21(g) (2004)) and 35 Ill. Adm. Code 723.120(a) and 809.301 by accepting
    waste from Big River Zinc without a compliant manifest and by conducting a hazardous waste
    transportation operation in violation of Board regulations. Under the proposed stipulation, Allied
    Waste does not admit the alleged violations and agrees to pay a civil penalty of $4,500 and to
    perform a supplemental environmental project valued at $16,800.
    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
    hearing.
    See
    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.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 19, 2007, by a vote of 3-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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