ILLINOIS POLLUTION CONTROL BOARD
October 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)
OPINION AND 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 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 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
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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
Greenville Advocate
on September 11, 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 respondents’ 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. D & L 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. D & L 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. The People and D & L 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.
D & L 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. D & L 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 D & L’s federal tax
identification number must appear on the face of the certified check or the money
order.
3.
D & L must submit payment of the civil penalty to:
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Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
D & L 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
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)).
5.
D & L must cease and desist from future violations of the Environmental
Protection Act and Board regulations that were the subject of the complaint.
6.
D & L must perform a SEP consisting of the provision of 1,300 tons of landfill
capacity as described in the stipulation and proposed settlement.
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.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
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