ILLINOIS POLLUTION CONTROL BOARD
    September 16, 2008
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    D & L DISPOSAL, L.L.C., a Delaware
    corporation,
    Respondent.
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    PCB 07-46
    (Enforcement – Land)
    ORDER OF THE BOARD (by T.E. Johnson):
    On December 13, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a three-count complaint against D & L Disposal L.L.C. (D & L).
    D & L is engaged in a waste hauling business with an office located at 900 Willard Street in
    Greenville, Bond County. The case concerns a glass vial of mercury that was found by a D & L
    driver to have been discarded or abandoned at or in a D & L dumpster near Carlyle Lake. After
    being placed in a trash bag at the D & L office, the glass vial of mercury broke and spilled
    outside of the office on a wooden deck and in the parking lot. The parties now seek to settle
    without a hearing. For the reasons below, the Board directs the Clerk to provide notice of the
    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 D & L violated Sections 21(e), (f), and (g) of the
    Act (415 ILCS 5/21(e), (f), (g) (2006)) and Sections 722.111, 723.111(a), and 728.134 of the
    Board’s hazardous waste regulations (35 Ill Adm. Code 722.111, 723.111(a), 728.134). The
    People further allege that D & L violated these provisions by (1) conducting a hazardous waste
    transportation operation without a permit issued by the Illinois Environmental Protection Agency
    (Agency); (2) failing to make a required hazardous waste determination and failing to obtain an
    EPA identification number prior to transporting waste mercury; (3) conducting a hazardous
    waste storage operation at a facility that does not meet the requirements of the Act and
    regulations for handling waste storage; (4) conducting a hazardous waste storage operation
    without a permit issued by the Agency and in violation of regulations; (5) disposing of hazardous
    waste at a facility that does not meet the requirements of the Act and regulations; and (6)
    disposing of hazardous waste without a Resource Conservation and Recovery Act (RCRA)
    permit.
    On September 4, 2008, the People and D & L 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
    2
    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, D & L does not
    affirmatively admit the alleged violations but agrees to pay a civil penalty of $8,500. The
    proposed settlement includes a supplemental environmental project (SEP), as authorized by
    Section 42(h)(7) of the Act (415 ILCS 5/42(h)(7) (2006)). The SEP consists of the provision of
    1,300 tons of disposal capacity to be used by the People at any of three identified landfills.
    According to the proposed settlement, the SEP has a settlement value of $45,500, which will
    offset penalties sought by the People and the Agency.
    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); 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 September 16, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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