ILLINOIS POLLUTION CONTROL BOARD
    September
    3,
    1981
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    )
    v.
    )
    PCB 80—177
    MCLEAN COUNTY SERVICE COMPANY,
    )
    an Illinois Corporation,
    Respondent.
    MS. MARY JO MURRAY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    MR. PAUL
    R. WELCH, COSTIGAN
    & WOLLRAB,
    AND MR. DANNY J.
    LEIFEL,
    APPEARED ON BEHALF OF THE RESPONDENT.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    On September 30, 1980 the Illinois Environmental Protection
    Agency (Agency)
    filed this enforcement action against the McLean
    County Service Company (McLean)
    alleging violations of Section
    12(a) of the Illinois Environmental Protection Act (Act) and
    Rule 203(a) of Chapter 3:
    Water Pollution.
    Hearing was held
    on April 14,
    1981 in Bloomington, Illinois.
    Members of the
    press and public were present, but none testified.
    No testimony
    was presented by either party.
    The hearing consisted solely
    of a summary of the Stipulation and Proposal for Settlement
    which was filed with the Board on June 8,
    1981.
    McLean is an Illinois corporation which at all pertinent
    times has owned and operated an agricultural sales and service
    facility located near Arrowsmith in McLean County,
    Illinois.
    It owns and operates storage tanks
    at the facility which
    contain nitrogen fertilizer solution consisting of 28
    nitrogen
    by volume.
    On December 31,
    1979 a quantity of that solution escaped
    from one of the storage tanks at the facility through a hole
    in its valve,
    The escaped solution entered a storm drain
    which empties into a unnamed tributary to the Sangamon River,
    which is a water of the state.
    As
    a result an estimated
    94,574 fish were killed which were valued at $8,031.14.
    If called to testify, Dr.
    Thomas J. Dolan would have
    testified that the leak was a result of a defect in the casting
    of the valve and that “no warning would occur until the contents
    spewed forth”
    (Stip.
    3).
    43-267
    —2—
    For this reason, McLean moved to join the valve manufactur*~r
    in this action as a party respondent.
    That motion was denied
    by order of the Board on December
    4,
    1980.
    In evaluating this enforcement action and proposed settlement,
    the Board has taken into consideration all of the facts and
    circumstances in light of the criteria of Section 33(c)
    of the
    Act.
    The Board finds the stipulated agreement acceptable under
    Procedural Rule 331.
    The Board further finds that McLean has violated Section
    12(a)
    of the Act and Rule 203(a) by causing or allowing water
    pollution.
    However, this was an isolated incident.
    According
    to the terms of the settlement agreement McLean has agreed to pay
    a penalty of $1,000, to pay the Wildlife and Fish Fund for the
    killed fish,
    and to take steps to insure that future leaks
    will not reach any waters of the state.
    This result should
    encourage compliance with the Act and adequately protect the
    environment.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORD
    ER
    1.
    Mclean County Service Company has violated Section
    12(a) of the Illinois Environmental Protection Act
    and Rule 203(a) of Chapter 3:
    Water Pollution.
    2.
    It is hereby ordered that McLean shall comply with all
    terms and conditions of the Stipulation and Proposal
    for Settlement filed on June 8,
    1981, which is
    incorporated by reference as if fully set forth
    herein.
    3.
    Within 35 days of the date of this Order, McLean
    shall, by certified check or money order payable
    to the State of Illinos,
    pay the stipulated penalty of
    $1,000 to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    4.
    Within 35 days of the date of this Order, McLean
    shall, by certified check or money order payable to
    the Wildlife and Fish Fund of the State of Illinois
    Treasury, pay the sum of $8,031.14 to be sent to
    the address in
    (3), above.
    IT IS SO ORDERED.
    43—268
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Bo~rd,hereby certify that the above Order was adopted
    on the ~~aay
    of
    __________________,
    1981 by a vote ~
    Christan L. Moffett,~Clerk
    Illinois Pollution Control Board
    43—269

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