ILLINOIS POLLUTION CONTROL BOARD
    February 7, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SHERIDAN SAND & GRAVEL CO., an
    Illinois corporation,
    Respondent.
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    PCB 06-177
    (Enforcement – Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On May 22, 2006, the People of the State of Illinois (People), on the motion of the
    Illinois Attorney General and at the request of the Illinois Environmental Protection Agency,
    filed a five-count complaint against Sheridan Sand & Gravel Co., an Illinois corporation
    (respondent).
    See
    415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The complaint
    concerns the respondent’s sand and gravel mine located at 2679 North 4201 Road, Sheridan,
    LaSalle County. The parties now seek to settle without a hearing. For the reasons below, the
    Board directs the Clerk to provide public notice of the parties’ stipulation, proposed settlement,
    and request for relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. In this case, the People allege that respondent violated Sections 21(k), 55(d)(1),
    55(e), 55(g) and 55.6(b) of the Act (415 ILCS 5/21(k), 55(d)(1), 55(e), 55(g), 55.6(b) (2006)),
    and Sections 848.202(b)(4) and (5), 848.304(a), 848.304(c), 848.305, and 848.601(a)(1) and (2)
    of the Board’s regulations on the management of used and waste tires (35 Ill. Adm. Code
    848.202(b)(4), (5), 848.304(a), 848.304(c), 848.305, 848.601(a)(1), (2)). The People further
    allege that respondent violated these provisions by failing to register as a tire storage site,
    improper storage of used or waste tires, failing to comply with tire storage notification and
    recordkeeping requirements, failing to pay the registration fee, and failing to comply with tire
    transporter requirements.
    On January 22, 2008, the People and respondent 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). Under the proposed stipulation, respondent
    does not affirmatively admit the alleged violations, and agrees to pay a civil penalty of $10,000.
    2
    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) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on February 7, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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