ILLINOIS POLLUTION CONTROL BOARD
October 16, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ENVIRONMENTAL RECLAMATION
COMPANY, an Illinois corporation,
Respondent.
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PCB 07-42
(Enforcement – Land)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On November 20, 2006, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a two-count complaint against Environmental Reclamation
Company (ERC). The complaint concerns ERC’s sanitary landfill located at West Route 316 in
Charleston, Coles County. The parties now seek to settle without a hearing. For the reasons
below, the Board accepts the parties’ stipulation and proposed settlement.
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 ERC violated Sections 12(a), 12(f), 21(d), and 21(o) of the
Act (415 ILCS 5/12(a) 12(f), 21(d), 21(o) (2006)) and Sections 811.103(a) and 811.106(a) of the
Board’s regulations (35 Ill. Adm. Code 811.103(a), 811.106(a)). The People further allege that
ERC violated these provisions by (1) failing to properly cover landfill waste by placing a
uniform layer of at least six inches of clean soil material on top of the landfill waste by the end of
each day of operation; (2) causing, threatening, or allowing the discharge of contaminants into
Riley Creek so as to cause or tend to cause water pollution; (3) causing, threatening, or allowing
the discharge of contaminants into Riley Creek without a National Pollutant Discharge
Elimination System (NPDES) permit for point source discharges issued by the Illinois
Environmental Protection Agency; and (4) failing to properly control storm water runoff from
the site.
On September 2, 2008, the People and ERC 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). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
Charleston Times-Courier
on September 10, 2008. The Board did not receive any requests for
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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 ERC’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. ERC does not
affirmatively 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. ERC agrees to pay a civil penalty of $8,500. The People and ERC have satisfied
Section 103.302. 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.
ERC must pay a civil penalty of $8,500 by November 17, 2008, which is the first
business day following the 30th day after the date of this order. ERC must pay
the civil penalty by certified check or money order payable to the Illinois
Environmental Protection Agency, designated to the Illinois Environmental
Protection Trust Fund. The case name, case number, and ERC’s federal tax
identification number must appear on the face of the certified check or the money
order.
3.
ERC must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
ERC must send a copy of the certified check or money order and any transmittal
letter to:
Environmental Bureau
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706
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4.
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);
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 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
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
