ILLINOIS POLLUTION CONTROL BOARD
    February 18, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    THE SCOTTS COMPANY, an Ohio
    corporation,
    Respondent.
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    PCB 99-102
    (Enforcement - Land)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On January
    15
    , 1999, the parties filed a complaint accompanied by a stipulation and
    proposal for settlement. The Board accepts the stipulation and proposal for settlement filed by
    the parties in this matter. The complaint alleged that the respondent violated Sections
    21(d)(1)
    and
    21(e)
    of the Environmental Protection Act (Act) (
    415 ILCS 5/21(d)(1)
    ,
    21(e) (1996)
    ); and
    35 Ill. Adm. Code 830.202 (i)(4). 830.205(m)(1)(B) and (C), 830.210(a), and 830.504(a)(d);
    and Special Conditions 10(d), 16, 17, 33, and 37 of Permit No. 1996-338-REN, by operating
    a composting facility without a permit, treating landscape waste without a permit, and
    violating special permit conditions.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. The respondent
    admits the alleged violations and agrees to pay a civil penalty of $5,000. Respondent must
    continue to comply with any federal, State, or local regulations including, but not limited to,
    the Act and the Board’s 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 The Scotts Company, an Ohio
    corporation, located at 1270 East Beecher Road, Kendall County, Illinois. The
    2
    stipulation and settlement agreement is incorporated by reference as though fully
    set forth herein.
    2.
    The respondent shall pay a civil penalty of $5,000 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. The case number, case name, and the respondent’s
    federal employer identification number 31-1414921 shall also be included on the
    check (or money order) and should clearly indicate that payment is directed to
    the Environmental Protection Trust Fund.
    3.
    The check (or money order) shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Alyssa Fron Newcomb
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 60601
    4.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003), as now or hereafter amended, from the date payment is due
    until the date payment is received. Interest shall not accrue during the pendency
    of an appeal during which payment of the penalty has been stayed.
    5.
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. Illinois Supreme Court Rule 335 establish such filing requirements. See
    172 Ill. 2d R. 335; see also Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 18th day of February 1999 by a vote of 7-0.
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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