ILLINOIS POLLUTION CONTROL BOARD

ORDER

October 16, 2008

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

J. McDANIEL, INC., an Illinois corporation,

Respondent.

)

PCB 05-110

(Enforcement - Water)

OPINION AND ORDER OF THE BOARD (by T.E. Johnson):

On December 14, 2004, the Office of the Attorney General, on behalf of the People of the

State of Illinois (People), filed a four-count complaint against J. McDaniel, Inc. The complaint

concerns two separate incidents that occurred in 2001: (1) the release of 2,900 gallons of

gasoline from a tanker truck operated by J. McDaniel, Inc. at a service station located at the

corner of Voorhees and Bowman Streets in Danville, Vermilion County; and (2) the release of

over 8,000 gallons of gasoline from a tanker truck operated by J. McDaniel, Inc. on Route 136 in

McLean County when the vehicle crossed into oncoming traffic, struck a car, rolled over, and

struck a utility pole. The parties now seek to settle without a hearing. For the reasons below, the

Board accepts the parties’ two separate stipulations and proposed settlements, one for the

Vermilion County incident and one for the McLean County incident.

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 J. McDaniel, Inc. violated Sections 12(a) and (d) of the Act

(415 ILCS 5/12(a), (d) (2006)) by (1) causing water pollution by causing or allowing the

discharge of gasoline and dissolved petroleum constituents into a storm sewer, surface water

drainage way, and Stony Creek, and by causing a fish kill; (2) creating a water pollution hazard

by causing or allowing gasoline and dissolved petroleum constituents to be released from a

tanker truck and deposited on land within a drainage way and subsequently failing to remove the

contaminated soils or sediments; (3) causing water pollution by causing or allowing the

discharge of gasoline and dissolved petroleum constituents into a surface water drainage way and

Sugar Creek, and by causing a fish kill; and (4) creating a water pollution hazard by causing or

allowing gasoline and dissolved petroleum constituents to be released from a tanker truck and

deposited on land within a drainage way along either side of Route 136 and in the area between

the release point and a nearby residential well.

On August 29, 2008, the People and J. McDaniel, Inc. filed two separate stipulations and

proposed settlements, 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 stipulations, proposed settlements, and request for relief. The newspaper

notice was published in the

Danville Commercial -News

and the

Bloomington Pantagraph

September 10, 2008. 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.

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 the 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. J. McDaniel, Inc. does

not admit 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. J.

McDaniel, Inc. agrees to pay a civil penalty of $25,000 for the alleged violations in Vermilion

County and a civil penalty of $35,000 for the alleged violations in McLean County. The People

and J. McDaniel, Inc. have satisfied Section 103.302. The Board accepts the stipulations and

proposed settlements.

This opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

The Board accepts and incorporates by reference the stipulations and proposed

settlements.

J. McDaniel, Inc. must pay a civil penalty of $25,000 for the alleged violations in

Vermilion County and a civil penalty of $35,000 for the alleged violations in

McLean County by November 17, 2008, which is the first business day following

the 30th day after the date of this order. J. McDaniel, Inc. must pay the respective

civil penalties by certified checks or money orders payable to the Illinois

Environmental Protection Agency, designated to the Illinois Environmental

Protection Trust Fund. The case name, case number, and J. McDaniel, Inc.’s

federal tax identification number must appear on the face of the respective

certified checks or the money orders.

J. McDaniel, Inc. must submit payment of the civil penalties to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

J. McDaniel, Inc. must send a copy of the respective certified checks or money

orders and any transmittal letter to:

Environmental Bureau

Illinois Attorney General’s Office

500 South Second Street

Springfield, Illinois 62706

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)).

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);

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;

I, John 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 Therriault, Assistant Clerk

Illinois Pollution Control Board