ILLINOIS POLLUTION CONTROL BOARD

August 30, 1990

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 86—210

(Enforcement)

HILLVIEW FARMS FERTILIZERS, INC.

an Illinois Corporation, and

ARNOLD N. MAY, individually and

as president of HILLVIEW FARMS

)

FERTILIZERS, INC.,

Respondents.

APPEARANCE FOR THE COMPLAINANT BY RENEE CIPRIANO.

APPEARANCE FOR THE RESPONDENT BY TIMOTHY J. CAVENAGH.

OPINION AND ORDER OF THE BOARD (by J.C. Marlin):

This matter comes before the Board upon a complaint filed

December 10, 1986 on behalf of the People of the State of

Illinois (“People”), by and through its attorney, Neil F.

Hartigan, Attorney General of the State of Illinois, against

Hillview Farms Fertilizers, Inc. (“Hillview”) and Arnold May

(“May”) located in McHenry County, Illinois. The complaint

alleges that May and Hillview have violated Sections 12(a), (b),

(d), (f), 21(a), (d), Ce), 42 and 9(a) of the Illinois Environ-

mental Protection Act (“Act”), Ill. Rev. Stat. 1987, ch. lll~,

pars. 1001, et. seq..

Hearing on this matter was held August 6, 1990 in Woodstock,

Illinois. At hearing, the parties submitted a Stipulation and

Settlement Agreement, executed by the parties. The Stipulation

sets forth facts pertaining to the nature, operations, and

circumstances surrounding the claimed violations. One fact of

particular significance is that Respondent, Hillview, was

involuntarily dissolved on April 1, 1988. Respondent May signed

the Stipulation as President of the dissolved corporation and

individually. Thus, May is individually liable for the agreed to

penalty.

Hiliview and May admiL to past violations of Sections 9(a),

12(d) and 12(f) of the Act as alleged in counts III, IV and XII

1 1!~—2~3

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of the complaint and agree to pay a civil penalty of five

thousand dollars ($5,000). Hillview and May further agree to

cease and desist from the alleged violations.

The Board finds the Settlement Agreement acceptable under 35

Ill. Adm. Code 103.180. This Settlement Agreement in no way

affects respondent’s responsibility to comply with any federal,

state or local regulations, including but not limited to the Act

and the Board’s pollution control regulations.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1.) The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and Hillview Farms Fertilizers, Inc., and

Arnold May concerning Hillview Farms Fertilizers, Inc.

and Arnold May’s operations located in McHenry County,

Illinois. The Stipulation and Settlement Agreement are

incorporated by reference as though fully set forth

herein.

2.) Hillview and Arnold May shall pay the sum of five

thousand dollars ($5,000) in installments of $625.00

every three months ~or two years commencing on October

1, 1990. Such payment shall be made by certified check

or money order payable to the Treasurer of the State of

Illinois, designated to the Environmental Protection

Trust Fund, and shall be sent by First Class mail to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

P.O. Box 19276

Springfield, IL 62794—9276

May shall also write its Federal Employer Identification

Number or Social Security Number on the certified check

or money order.

Section 41 of the Environmental Protection Act, Ill. Rev.

Stat. 1987, ch. 1ll~, par. 1041, provides for appeal of final

Orders of the Board within 35 days. The Rules of the Supreme

Court of Illinois establish filing requirements.

IT IS SO ORDERED.

Board Member J. Theodore Meyer dissented.

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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the ab~veOpinion and Order was

adopted on the

3o7~~~

day of

___________________,

1990, by a

voteof

~/

~

~

Ddrothy M. ,.~1nn, Clerk

Illinois Po’llution Control Board

I 14—725