ILLINOIS POLLUTION CONTROL BOARD
March 5, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PEKIN PAPERBOARD COMPANY, L.P.,
a Delaware limited partnership,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 05-163
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD: (by S.D. Lin):
On March 11, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a four-count complaint against Pekin Paperboard Company
(respondent) concerning a wastewater treatment plant (WWTP) on site at respondent Pekin’s
cereal container manufacturing facility located 1525 South Second Street, Pekin, Tazewell
County. On January 29, 2009, the People filed an amended complaint. The Board accepts the
amended complaint as meeting the applicable content requirements of the Board’s procedural
rules.
See
35 Ill. Adm. Code 103.204.
1
On January 13, 2009, the People and Pekin filed a stipulation and proposal for settlement,
accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the Act
The parties now seek to settle without a hearing. For the reasons below, the Board
accepts the parties’ stipulation and proposal for 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 Pekin violated Sections 12(a) and (f) of the Act (415 ILCS
5/12(a), (f) (2006)), and Sections 302.203, 304.105, 304.106, 304.120, 304.141(a), 306.102, and
309.102(a) of the Board’s water rules (35 Ill. Adm. Code 302.203, 304.105, 304.106, 304.120,
304.141(a), 306.102, and 309.102(a) (2006)).
1
The original complaint, filed March 11, 2005, included Count IV which alleged violations of
Section 12(b) of the Act (415 ILCS 5/12(b) (2006)) and Section 309.154 of the Board’s rules (35
Ill. Adm. Code 309.154 (2006)). The amended complaint eliminated Count IV, in accordance
with the Stipulation and Proposal for Settlement, filed January 13, 2009. In a cover letter
received by the Board along with the amended complaint, the People explained that the amended
complaint was inadvertently not filed on January 13, 2009 along with the settlement proposal.
2
(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
Pekin
Daily Times
on January 27, 2009. 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 proposals for settlement.
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 Pekin’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. Pekin neither admits nor
denies 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.
Pekin agrees to pay a civil penalty of $65,000.00. The People and Pekin 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 January 13, 2009 stipulation
and proposed settlement. The Board also accepts the three-count January 25,
2009 amended complaint referenced in the January 13, 2009 stipulation and
proposed settlement.
2.
Pekin must pay a civil penalty of $65,000.00 no later than April 6, 2009, which is
the first business day following the 30th day after the date of this order. Pekin
must pay the civil penalty by certified check or money order payable to the
Illinois Environmental Protection Trust Fund. The case name, case number, and
Pekin’s Federal Employer Identification Number must appear on the face of the
certified check or money order.
3.
Pekin 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
Pekin must send a copy of the certified check or money order and any transmittal
letter to:
3
Environmental Bureau
Illinois Attorney General’s Office
500 South Second Street
Springfield, IL 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.
Pekin 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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on March 5, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
