ILLINOIS POLLUTION CONTROL BOARD
May 21, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
WHALEN MANUFACTURING COMPANY,
an Illinois corporation, and YETTER
MANUFACTURING COMPANY, an Illinois
corporation,
Respondents.
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PCB 09-32
(Enforcement – Land, Water)
ORDER OF THE BOARD (by T.E. Johnson):
On November 12, 2008, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a three-count complaint against Whalen Manufacturing
Company (Whalen) and Yetter Manufacturing Company (Yetter) (collectively, respondents).
The complaint concerns Whalen’s site, located at 1270 East Murray Street in Macomb,
McDonough County, and Yetter’s site, located at 109 S. McDonough in Colchester, McDonough
County. The parties now seek to settle without a hearing. For the reasons below, the Board
directs the Clerk to provide public notice of the parties’ stipulation, proposed settlement, and
request for relief from the hearing requirement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2006); 35 Ill. Adm.
Code 103. In this case, count I of the People’s complaint alleges that Yetter violated Section
21(j) of the Act (415 ILCS 5/21(j) (2006)) and Sections 809.201, 809.301, 809.302(b) of the
Board’s nonhazardous special waste regulations (35 Ill. Adm. Code 809.201, 809.301,
809.302(b)) by (1) hauling or otherwise transporting nonhazardous special waste generated
within Illinois without a current, valid nonhazardous special waste hauling permit; (2) delivering
nonhazardous special waste generated within Illinois without concurrently delivering a manifest
to a special waste transporter; (3) delivering nonhazardous special waste in Illinois for disposal,
storage, or treatment to a person who does not have a current, valid operating permit issued by
the Illinois Environmental Protection Agency; and (4) conducting a special waste transportation
operation in violation of regulations, standards, or permit requirements adopted by the Board.
Count II alleges that Whalen violated Sections 21(d) and 21(e) of the Act (415 ILCS
5/21(d), 21(e) (2006)), Sections 807.201(a) and 807.202(a) of the Board’s solid waste regulations
(35 Ill. Adm. Code 807.201(a), 807.202(a)), and Section 809.302(a) of the Board’s nonhazardous
special waste regulations (35 Ill. Adm. Code 809.302(a)) by (1) operating, causing, or allowing
the development of a solid waste management site without a development permit; (2) accepting
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special waste for disposal, storage, or treatment within Illinois from a special waste transporter
who does not have a valid nonhazardous special waste hauling permit; (3) conducting a waste
storage operation; and (4) disposing, treating, storing, or abandoning waste.
In count III, the People allege that respondents violated Section 12(f) of the Act (415
ILCS 5/12(f) (2006)) and Section 309.204(a) of the Board’s water pollution regulations (35 Ill.
Adm. Code 309.204(a)) by (1) causing, threatening, or allowing the discharge of contaminants
into waters of the State without a valid National Pollutant Discharge Elimination System
(NPDES) permit; and (2) causing or allowing the use or operation of a treatment works,
pretreatment works, or wastewater source without an NPDES permit.
On May 11, 2009, the People, Whalen, and Yetter 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). Under the proposed stipulation, Whalen and
Yetter admit the alleged violations and agree to each pay a civil penalty of $10,000 for a total
civil penalty of $20,000.
Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
hearing.
See
415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
the Clerk to provide the required notice.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on May 21, 2009, by a vote of 5-0.
__________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
