ILLINOIS POLLUTION CONTROL BOARD
    June 21, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
     
    Complainant,
     
     
    v.
     
    RATLIFF BROTHERS AND CO., INC., an
    Illinois corporation,
     
     
    Respondent.
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    PCB 01-44
    (Enforcement – Land, Water)
     
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
     
    On August 31, 2000, the People of the State of Illinois (People) filed a three-count
    complaint against respondent, Ratliff Brothers and Co., Inc. (respondent). The complainant
    alleges that respondent caused or allowed the open dumping of demolition debris and other
    general refuse on property in Henry County, Illinois, which is owned and operated by Giant
    Goose Conservation Education Workshop, Inc. (Giant Goose property), and that respondent
    discharged such demolition debris and refuse in a manner that caused or tended to cause water
    pollution and a water pollution hazard. Complainant further alleges that respondent caused or
    allowed the development and operation of a new solid waste management site on the Giant
    Goose property without obtaining the necessary permits. This activity was alleged to be in
    violation of Sections 12(a), 12(d), 21(a), 21(e), 21(p)(1) and 21(p)(4) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(a), 5/12(d), 5/21(a), 5/21(e), 5/21(p)(1), 5/21(p)(4) (2000));
    and Sections 807.201, 807.202(a), and 812.101(a) of the Board’s regulations (35 Ill. Adm. Code
    807.201, 807.202(a), 812.101(a)).
     
    On June 6, 2001, the parties filed a stipulation and proposal for settlement, accompanied
    by a motion requesting relief from the hearing requirement of Section 31(c)(1) of the Act (415
    ILCS 5/31(c)(1) (2000)). Respondent admits the alleged violations in the complaint and
    proposes to pay a $10,000 penalty.
     
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. 415 ILCS 5/31(c)(2) (2000). Unless the Board determines that a hearing is needed,
    the Board is required to publish notice of the stipulation and proposal for settlement and request
    for relief from the hearing requirement.
     
    Accordingly, the Board directs the Clerk of the Board to cause publication of the required
    newspaper notice. Any person may file a written demand for hearing within 21 days of the
    published notice. If a hearing is requested, the Board will deny the parties’ request for relief and
    schedule a hearing.
     
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above order was adopted on the 21st day of June 2001 by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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