ILLINOIS POLLUTION CONTROL BOARD
    May 3, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CSX TRANSPORTATION, INC., a Virginia
    corporation,
    Respondent.
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    PCB 06-51
    (Enforcement – Air, Water, Land)
    ORDER OF THE BOARD (by N.J. Melas):
    On October 14, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against CSX Transportation, Inc. (CSX
    Transportation).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint
    concerns the derailment of engines and cars of a 55-car freight train owned by CSX
    Transportation into a farm field about a mile north of downtown Paris, Edwards County, on
    December 22, 2004. In this incident, three engines derailed, breached, and released about 5,700
    gallons of diesel fuel; one tank car derailed, breached, and released about 20,700 gallons of
    hydrochloric acid; and one tank car of silicon tetrachloride and one tank car of methyl
    trichlorosilane each derailed but did not breach or release their contents.
    On April 19, 2007, the People and CSX Transportation 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 (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).
    Under the proposed stipulation, CSX Transportation does not affirmatively admit the alleged
    violations but agrees to pay a civil penalty of $80,000.
    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. 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.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on May 3, 2007 by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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