ILLINOIS POLLUTION CONTROL BOARD
    July 20, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WEBB AG, INC., an Illinois corporation,
     
    Respondent.
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    PCB 06-54
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On November 2, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Webb Ag, Inc. (Webb Ag).
    See
    415 ILCS
    5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that Webb Ag violated
    Sections 12(d) and 21(e) of the Environmental Protection Act (Act) (415 ILCS 5/12(d), 21(e)
    (2004)). The People further allege that Webb Ag violated these provisions by depositing a
    contaminant within one-quarter mile of a water of the State so as to create a water pollution
    hazard and by abandoning waste at an improper site. According to the complaint, Webb Ag
    owns an agrichemical sales and distribution facility in Fairview, Fulton County. The complaint
    concerns an alleged spill of fertilizer solution in Duncan Mills, Fulton County, from an
    overturned flatbed truck owned by Webb Ag.
     
    On July 5, 2006, the People and Webb Ag 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, Webb
    Ag neither admits nor denies the alleged violations and agrees to pay a civil penalty of $15,000.
     
    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 July 20, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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