ILLINOIS POLLUTION CONTROL BOARD
October 16, 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)
OPINION AND 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.
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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). The Board
provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
notice was published in
The Normalite
on August 28, 2006. 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).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 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
Isaacson Construction’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)). The People and Isaacson
Construction have satisfied Section 103.302. Isaacson Construction admits the alleged violations
of Sections 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 I 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. 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.
Isaacson Construction must 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 of
this order accepting the parties’ stipulation and the next four payments due on the
anniversary dates of the first payment. Isaacson Construction must pay the civil
penalty by certified check or money order, payable to the Illinois Environmental
Protection Agency for deposit into the Environmental Protection Trust Fund. The
case number, case name, and Isaacson Construction’s federal tax identification
number must be included on the face of the certified check or money order.
3.
Isaacson Construction must send the certified check or money order by first class
mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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4.
Isaacson Construction must send a copy of the certified check or money order and
any transmittal letter to:
Environmental Bureau
Illinois Attorney General’s Office
500 S. 2nd St.
Springfield, Illinois 62706
5.
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)).
6.
Isaacson Construction must cease and desist from the alleged 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 T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on October 16, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
