ILLINOIS POLLUTION CONTROL BOARD
April 2, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CITGO PETROLEUM CORPORATION, a
Delaware corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 09-64
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On March 18, 2009
1
On February 23, 2009, the People and Citgo 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 (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 Herald
News on February 25, 2009. The Board did not receive any requests for hearing. The Board
, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed an amended four-count complaint against Citgo Petroleum
corporation, a Delaware corporation licensed to do business in Illinois (Citgo), concerning
Citgo’s petroleum refinery located in Lemont, Will County, Illinois. 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 Citgo violated Sections 21(e) and 21(i) of the Act, (415 ILCS
5/21(e) and 21(i) (2006)), and Sections 722.120(a)(1) and 722.111 of the Board’s regulations (35
Ill. Adm. Code 722.120(a)(1) and 722.111 (2006)) by disposing of hazardous waste at a facility
not permitted to accept hazardous waste (Count I); by failing to perform a hazardous waste
determination (Count II); by failing to manage hazardous waste in accordance with the Act
(Count III); and, by failing to prepare a manifest prior to offering the hazardous waste for off-site
transportation and disposal (Count IV).
1
On March 5, 2009, the Board directed the People to file an amended complaint or an amended
stipulation and proposal for settlement to address an inconsistency between the original
complaint and stipulation and proposal for settlement, both filed February 23, 2009.
2
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 Citgo’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. Citgo 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. Citgo
agrees to pay a civil penalty of $5,000.00. The People and Citgo 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.
Citgo must pay a civil penalty of $5,000.00 no later than May 4, which is the first
business day following the 30th day after the date of this order. Citgo 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 Citgo’s
Federal Employer Identification Number must appear on the face of the certified
check or money order.
3.
Citgo 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
Citgo must send a copy of the certified check or money order and any transmittal
letter to:
Zemeheret Bereket-Ab
Environmental Bureau
Illinois Attorney General’s Office
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
3
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.
Citgo 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 April 2, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
