ILLINOIS POLLUTION CONTROL BOARD

ORDER

October 21, 2004

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

ATKINSON GRAIN & FERTILIZER, INC., a

Delaware corporation,

Respondent.

)

PCB 04-15

(Enforcement - Water)

OPINION AND 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 accepts the parties’ stipulation and proposed settlement.

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). The Board provided notice of the stipulation,

proposed settlement, and request for relief. The newspaper notice was published in the

Star

Courier

on September 17, 2004. The Board did not receive any requests for hearing. The Board

grants the parties’ request for relief from the hearing requirement.

See

415 ILCS 5/31(c)(2)

(2002); 35 Ill. Adm. Code 103.300(b).

Section 103.302 of the Board’s procedural rules sets forth the required contents of

stipulations and proposed settlements.

See

35 Ill. Adm. Code 103.302. These requirements

include stipulating to facts on the nature, extent, and causes of the alleged violations and the

nature of AGF’s operations. Section 103.302 also requires that the parties stipulate to facts

called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002)), which bears on the

reasonableness of the circumstances surrounding the alleged violations. The People and AGF

have satisfied Section 103.302. AGF denies the alleged violations. The stipulation also

addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2002),

as amended by

P.A.

93-575, (eff. Jan. 1, 2004)), which may mitigate or aggravate the civil penalty amount. AGF

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. The Board accepts the stipulation and

proposed settlement.

This opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

The Board accepts and incorporates by reference the stipulation and proposed

settlement.

AGF must pay a civil penalty of $20,000 no later than November 22, 2004, which

is the first business day following the 30th day after the date of this order. AGF

must pay the civil penalty by certified check or money order, payable to the

Illinois Environmental Protection Agency, designated to the Illinois

Environmental Protection Trust Fund. The case number, case name, and AGF’s

federal employer identification number must be included on the certified check or

money order.

AGF must send the certified check or money order by first class mail to:

Illinois Environmental Protection Agency

Fiscal

Services

Division

1021 North Grand Avenue East

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2002)).

AGF must cease and desist from future violations of the Act and Board

regulations that were the subject of the complaint as outlined in Section V of the

stipulation and proposed settlement.

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) (2002);

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, certify that the Board

adopted the above opinion and order on October 21, 2004, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board