ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ROYSTER-CLARK, INC., a Delaware
    corporation,
     
    Respondent.
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    PCB 02-8
    (Enforcement – Water)
          
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On July 23, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a four-count complaint against Royster-Clark, Inc. (Royster-
    Clark).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The People allege
    that Royster-Clark violated Sections 12(a) and (f) of the Environmental Protection Act (415
    ILCS 5/12(a), (f) (2000)) and the Board’s water pollution regulations. The People further
    allege that Royster-Clark violated these provisions by discharging anhydrous ammonia in
    excess of its National Pollutant Discharge Elimination System permit limits into the Illinois
    River at its distribution facility located at 2100 East Broadway, Marseilles, LaSalle County.
     
    On May 28, 2002, the People and Royster-Clark 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) (2000)). This filing is authorized by Section 31(c)(2)
    of the Act (415 ILCS 5/31(c)(2) (2000)).
    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
    Daily Times
    on May 31, 2002. The Board did not receive any
    requests for hearing. The Board grants the parties’ request for relief from the hearing
    requirement.
    See
    415 ILCS 5/31(c)(2) (2000); 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. 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 Royster-Clark’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) (2000)). The People and
    Royster-Clark have satisfied Section 103.302. Royster-Clark does not affirmatively admit the
    alleged violation, but agrees to pay a civil penalty of $30,000. The Board accepts the
    stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
      
     
    2
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Royster-Clark, Inc. (Royster-Clark) must pay a civil penalty of $30,000 no later
    than August 5, 2002, which is the 30th day after the date of this order. Royster-
    Clark must pay the civil penalty by certified check or money order, payable to
    the Environmental Protection Trust Fund. The case number, case name, and
    Royster-Clark’s social security number or federal employer identification
    number must be included on the certified check or money order.
     
    3.
    Royster-Clark must send the certified check or money order to:
     
    Illinois
    Environmental
    Protection
    Agency
    Fiscal
    Services
    Division
    1021
    North
    Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5.
    Royster-Clark 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) (2000);
    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.
     
      
     
     
      
    3
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on July 11, 2002, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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