ILLINOIS POLLUTION CONTROL BOARD
    July 11, 1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 91—19
    (Enforcement)
    )
    SUN AG, INC., an Illinois
    )
    Corporation,
    )
    )
    Respondent.
    JAMES L. MORGAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
    THE COMPLAINANT.
    OPINION AND ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board upon a complaint filed
    January 29, 1991 on behalf of the People of the State of Illinois
    (“People”), by and through its attorney, Roland W. Burns, Attorney
    General of the State of Illinois, against Sun Ag, Inc., located in
    El Paso, Woodford County, Illinois. The complaint alleges that
    Sun Ag has violated Section 12 (a) and (f) of the Illinois Environ-
    mental Protection Act (“Act”), Ill. Rev. Stat. 1989, ch. 111½,
    pars. 1001, et. seq. and 35 Ill. Adm. Code 302.203, 302.208,
    302.212, 304.105, 304.106, 304.141(b) and 309.102 of the Board’s
    rules and regulations.
    Hearing on this matter was held June 25, 1991 in Eureka,
    Woodford County. 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. Sun Ag admits
    to past violations of Section 12(a) and (f) of the Act and 35 Ill.
    Adm. Code 302.203, 302.208, 302.212, 304.105, 305.106, 304.141(b)
    and 309.102 and agrees to pay a civil penalty of twenty thousand
    dollars ($20,000). In addition, Sun Ag will pay one thousand two
    hundred eighteen dollars and five cents ($1,218.05) into the Fish
    and Wildlife Fund for the fishkill associated with this spill. Sun
    Ag further agrees 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
    12
    4—5 7
    2
    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 Sun Ag, Inc., concerning violations of Section 12(a)
    and (f) of the Act and 35 Ill. Adm. Code Sections
    302.203, 302.208, 302.212, 304.105, 304.106, 304.141(b)
    and 309.102 by Sun Ag’s operations located in El Paso,
    Woodford County, Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2.) Sun Ag, Inc. shall pay the sum of twenty thousand dollars
    ($20,000) within 30 days of the date of this Order. 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
    Sun Ag, Inc. shall also write its Federal Employer
    Identification Number or Social Security Nuiiiber on the
    certified check or money order.
    3.) Sun Ag, Inc. shall pay the sum of one thousand two—
    hundred eighteen dollars and five cents ($1,218.05)
    within 21 days of the date of this Order. Such payment
    shall be made by certified or cashier’s check payable to
    the Treasurer of the State of Illinois designated to the
    Fish and Wildlife Fund and shall be sent by First Class
    mail to:
    Renee Stadell
    Assistant Counsel
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, IL 62794—9276
    Sun Ag, Inc. shall also write its Federal Employer
    124—58
    3
    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. 111½, 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.
    J. Theodore Meyer dissented and J.D. Dumelle concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereb~ycertify that t1~e-~abQveOpinion and Order was adopted
    on t)ie
    //~-~
    day of
    ___________________,
    1991, by a vote of
    ~
    4/
    ~
    Dorothy M.
    ~
    4inn, Clerk
    Illinois P~lution Control Board
    124—59

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