ILLINOIS POLLUTION CONTROL BOARD

ORDER

September 6, 2001

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

RATLIFF BROTHERS AND CO., INC., an

Illinois corporation,

Respondent.

)

PCB 01-44

(Enforcement – Land, Water)

OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):

On June 6, 2001, the People of the State of Illinois (People) and respondent, Ratliff

Brothers and Co., Inc. (Ratliff) filed a joint stipulation and proposal for settlement. The Board

accepts the stipulation and proposal for settlement by the two parties in this matter.

On August 31, 2000, the People filed a three-count complaint alleging that Ratliff caused

or allowed open dumping of demolition debris and other general refuse on property owned by

Giant Goose Conservation Education Workshop, Inc. in Henry County, Illinois. The People

alleged that the discharge of the demolition debris and general refuse on the property caused or

tended to cause water pollution and a water pollution hazard. The People also alleged that

Ratliff caused or allowed the development and operation of a new solid waste management site

on the 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)).

Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)), 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 notice appeared in the

Geneseo Republic

June 29, 2001. The Board has not received any requests for hearing. Accordingly, the Board

grants a waiver from the hearing requirement.

The stipulation and proposal for settlement between the People and Ratliff sets forth the

facts relating to the nature, operations, and circumstances surrounding the allegations in the

complaint. Ratliff admits that it violated the Act and Board regulations as alleged in the

complaint in this matter. Ratliff agrees to pay a penalty of $10,000 into the Illinois

Environmental Protection Trust Fund, at a rate of $5,000 per year over a two-year period,

commencing on the date that this order is adopted.

Ratliff has acted to resolve the alleged violations in this matter. It 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.

ORDER

1. The Board hereby accepts the stipulation and settlement agreement executed by

the People of the State of Illinois and Ratliff Brothers and Co., Inc. (Ratliff),

which alleges that Ratliff: caused or allowed open dumping of demolition debris

and other general refuse on property owned by Giant Goose Conservation

Education Workshop, Inc. in Henry County, Illinois; discharged the demolition

debris and general refuse onto the property in a manner that caused or tended to

cause water pollution and a water pollution hazard; and caused or allowed the

development and operation of a new solid waste management site on the property

without obtaining the necessary permits. The stipulation and settlement

agreement is incorporated by reference as though fully set forth herein.

2. Ratliff must pay $10,000 within two years of the date of this order. The penalty

shall be paid at a rate of $5,000 per year over a two year period, in monthly

installments of $1,000 due on the tenth day of each of the months of July, August,

September, October, and November for each of the years 2002 and 2003.

3. Ratliff must make the payment by certified check or money order, payable to the

Treasurer of the State of Illinois, and designated to the Environmental Protection

Trust Fund. The case number, case name, and the Federal Employer

Identification Number of Ratliff, shall also be included on each 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 or money order must be

simultaneously submitted to:

Donna Lutes

Assistant Attorney General

Illinois Attorney General’s Office

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

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 (2000)), 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.

Respondents shall cease and desist all future violations of any federal, State, or

local statutes and regulations.

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);

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;

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the

Board adopted the above opinion and order on September 6, 2001, by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board