ILLINOIS POLLUTION CONTROL BOARD
    September 16, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ATKINSON GRAIN & FERTILIZER, INC., a
    Delaware corporation,
     
    Respondent.
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    PCB 04-15
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On June 30, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a four-count complaint against Atkinson Grain & Fertilizer, Inc. (AGF).
    AGF is a wholesale agricultural chemical and fertilizer mixer and distributor located at 400 N.
    Spring Street in Atkinson, Henry County. The People’s complaint concerns a shipment of liquid
    fertilizer that spilled when a truck driven by an AGF employee overturned, rupturing a fertilizer
    tank on the truck. The spill occurred at the intersection of U.S. Route 6 and Spring Street in
    Atkinson. The parties now seek to settle without a public hearing. For the reasons below, the
    Board directs the Clerk to provide public notice of the parties’ stipulation, proposed settlement,
    and request for relief from the hearing requirement.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2002); 35 Ill. Adm.
    Code 103. In this case, the People allege that AGF violated water pollution provisions of the Act
    and Board regulations. Specifically, according to the complaint, AGF violated (1) Section 12(a)
    of the Act (415 ILCS 5/12(a) (2002)) by causing, threatening, or allowing water pollution from
    the fertilizer spill; (2) Section 12(d) of the Act (415 ILCS 5/12(d) (2002)) by creating a water
    pollution hazard from the fertilizer spill; (3) Section 12(a) of the Act and 35 Ill. Adm. Code
    302.203, 302.208(g), and 302.212(a) by causing levels of contaminants in waters of the State to
    exceed water quality standards; and (4) Section 12(f) of the Act (415 ILCS 5/12(f) (2002)) and
    35 Ill. Adm. Code 309.102(a) by discharging contaminants into waters of the State without a
    National Pollutant Discharge Elimination System (NPDES) permit.
     
    On September 1, 2004, the People and AGF 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) (2002)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2002)), which requires that the public have an opportunity to request a hearing
    whenever the State and a respondent propose settling an enforcement action without a public
    hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, AGF denies the
     
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    alleged violations and agrees to pay a civil penalty of $20,000, which the parties agree is “greater
    than the economic benefit arising from noncompliance.” Stipulation at 8.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing.
    See
    415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 16, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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