ILLINOIS POLLUTION CONTROL BOARD
January 10, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ARONA CORPORATION, an Iowa
corporation d/b/a AARON’S SALES &
LEASE OWNERSHIP,
Respondent.
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PCB 08-8
(Enforcement – Water, Land)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On July 18, 2007, the Attorney General, on her own motion and at the request of the
Illinois Environmental Protection Agency (People), filed a four-count complaint against Arona
Corporation, an Iowa corporation, d/b/a, Aaron’s Sales & Lease Ownership (Arona or
respondent).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The complaint
concerns the August 16, 2006 discharge of between 2 and 20 gallons of gasoline into a storm
sewer and onto the ground of respondent’s facility at 3730 East State Street, Rockford,
Winnebago County. The parties now seek to settle without a hearing. For the reasons below, the
Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
General and the State’s Attorneys may bring actions before the Board on behalf of the People to
enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that respondent violated Sections 12(a), 12(d), 21(a), and 21(e) of
the Act (415 ILCS 5/12(a), 12(d), 21(a), and 21(e) (2006)). The People further allege that
respondent violated these provisions by causing or tending to cause water pollution, depositing a
contaminant upon land so as to create a water hazard, causing or allowing open dumping, and the
improper disposal of waste.
On November 14, 2007, the People and respondent Arona 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) (2006)). This filing is authorized by Section 31(c)(2)
of the Act (415 ILCS 5/31(c)(2) (2006)), 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. The newspaper notice was published in
the
Rockford Register Star
on November 17, 2007. 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) (2006); 35 Ill. Adm. Code 103.300(b).
2
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements.
See
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 respondent’s 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) (2006)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. Respondent admits the
alleged violations. The stipulation also addresses the factors of Section 42(h) of the Act (415
ILCS 5/42(h) (2006)), which may mitigate or aggravate the civil penalty amount. Respondent
agrees to pay a civil penalty of $6,000. The People and respondent have satisfied Section
103.302. The Board accepts the stipulation and proposed settlement.
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.
Respondent Arona must pay a civil penalty of $6,000 no later than February 11,
2008, which is first business day following the 30th day after the date of this
order. Respondent must pay the civil penalty by certified check or money order
payable to the Illinois Environmental Protection Agency, designated to the Illinois
Environmental Protection Trust Fund. The case name and case number as well as
Arona's Federal Employer Identification Number (FEIN), 42-1455271, must
appear on the certified check or money order.
3.
Respondent must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Respondent must send a copy of the certified check or money order and any
transmittal letter to:
Vanessa Cordonnier
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
3
Paul Jagiello
Assistant Counsel
Illinois Environmental Protection Agency
9511 West Harrison
Des Plaines, IL 60016
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Respondent must cease and desist from the admitted 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) (2006);
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, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on January 10, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
