ILLINOIS POLLUTION CONTROL BOARD
September 4, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ISAACSON CONSTRUCTION, INC., an
Illinois corporation,
Respondent.
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PCB 07-25
(Enforcement - Land)
ORDER OF THE BOARD (by A.S. Moore):
On October 16, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed its original complaint against Isaacson Construction, Inc.
(Isaacson Construction).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. On July
19, 2007, the People filed a motion to file an eight-count amended complaint (Mot.). The motion
states that the Illinois Environmental Protection Agency (Agency) notified the People that
Agency inspection reports relied upon in drafting the original complaint included an error. Mot.
at 1. Specifically, the People state that removal of drums from Isaacson Construction’s site took
place not on April 24-25, 2004 but instead on April 26-27, 2004. Mot. at 1 (citing attached
affidavit of Agency investigator). In an order dated August 13, 2007, the hearing officer
accepted the amended complaint.
The People alleged in the amended complaint that Isaacson Construction violated
Sections 12(a), 12(d), 21(a), 21(e), 21(f)(1), and 21(f)(2) of the Environmental Protection Act
(Act) (415 ILCS 5/12(a), 12(d), 21(a), 21(e), 21(f)(1), 21(f)(2) (2006)) and Sections
703.121(a)(1), 725.111, 725.113(a)(1), 725.113(b), 725.116(a), 725.151, 725.152, 725.153,
725.173(a), and 725.175 of the Board’s hazardous waste regulations (35 Ill. Adm. Code
703.121(a)(1), 725.111, 725.113(a)(1), 725.113(b), 725.116(a), 725.151, 725.152, 725.153,
725.173(a), 725.175). The People further alleged in the amended complaint that Isaacson
Construction violated these provisions (1) by open dumping and disposing of waste at a facility
that does not meet the requirements of the Act or Board regulations; (2) by disposing of
hazardous waste without a Resource Conservation and Recovery Act (RCRA) permit and by
conducting a hazardous waste disposal operation in violation of Board regulations; (3) by not
having on-site analysis results for hazardous waste, by failing to develop and follow a written
waste analysis plan, and by not keeping a written operating record; (4) by failing to administer
hazardous waste training for facility personnel; (5) by failing to submit an annual hazardous
waste report and by failing to have a United States Environmental Protection Agency (USEPA)
facility identification number; (6) by failing to have a contingency plan; (7) by threatening,
causing, or allowing water pollution; and (8) by creating a water pollution hazard. The amended
complaint concerns Isaacson Construction’s facility at 1300 Fort Jesse Road in Normal, McLean
County.
2
On August 21, 2008, the People and Isaacson Construction 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)).
See
35 Ill. Adm. Code 103.300(a). Under the proposed
stipulation, Isaacson Construction admits the alleged violations of Section 21(a) and 21(e) of the
Act (415 ILCS 5/21(a), 21(e) (2006)) as alleged in paragraphs 23 and 24 of Count 1 of the
amended complaint and agrees to pay a civil penalty of $100,000, with the first of five annual
payments in the amount of $20,000 due within 90 days from the date the Board accepts the
stipulation and the next four payments due on the anniversary dates of the first payment.
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) (2006); 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 September 4, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board