ILLINOIS POLLUTION CONTROL BOARD
July 23, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
JAMES R. CANTRELL,
Respondent.
)
)
)
)
)
)
)
)
)
PCB 09-23
(Enforcement - Water)
ORDER OF THE BOARD (by T.E. Johnson):
On October 10, 2008, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a two-count complaint against James R. Cantrell (Cantrell). The
complaint concerns Cantrell’s tank battery on the Herman Hon lease near Crossville in White
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 (2008)), 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 (2008); 35 Ill. Adm.
Code 103. In this case, the People allege that Cantrell violated Sections 12(a) and 12(d) of the
Act (415 ILCS 5/12(a), 12(d) (2008)) by (1) depositing contaminants upon the land in such place
and manner as to create a water pollution hazard, and (2) causing or allowing the discharge of
crude oil and salt water into the waters of the State so as to cause water pollution.
On June 18, 2009, the People and Cantrell 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (2008)), 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, Cantrell does not
affirmatively admit the alleged violations but agrees to pay a civil penalty of $12,000.
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) (2008); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
the Clerk to provide the required notice.
IT IS SO ORDERED.
2
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on July 23, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
