ILLINOIS POLLUTION CONTROL BOARD
    February 16, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ECOLAB, INC., a Delaware corporation, and
    CHARLES A. WINSLETT,
    Respondents.
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    PCB 06-45
    (Enforcement - Land, Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 22, 2005, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a two-count complaint against Ecolab, Inc. and Charles A.
    Winslett (respondents).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204.
    The People allege that respondents violated Sections 21(a), 21(e), and 12(d) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(a), 21(e), and 12(d) (2004)). The People
    further allege that respondents violated these provisions by open dumping of Phostoxin
    ®
    powder
    waste along the side of Hurt Road. Hurt Road is approximately 1/4 mile west of Apple Road,
    South Pekin, Tazewell County.
    On February 14, 2006, the People and respondents 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2004)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the respondents admit the alleged violations and agrees to pay a civil penalty of
    $2,500. The respondents further agree to engage in a supplemental environmental project, which
    consists of the cash payment of $10,000 for the restoration of a park and playground in South
    Pekin that was severely damaged by a tornado in May 2004.
    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. 415 ILCS 5/31(c)(2) (2004); 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.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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