ILLINOIS POLLUTION CONTROL BOARD
August 17, 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)
OPINION AND 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). The Board provided notice of the stipulation, proposed
settlement, and request for relief. The newspaper notice was published in
The Daily Ledger
of Canton
on July 14, 2006. 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) (2004); 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. 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 Webb Ag’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) (2004)). The People and Webb Ag have satisfied Section 103.302. Webb Ag neither
admits nor denies the alleged violations and agrees to pay a civil penalty of $15,000. The Board accepts
the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
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ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed settlement.
2.
Webb Ag must pay a civil penalty of $15,000 no later than September 18, 2006, which is
the first business day after the 30th day after the date of this order. Webb Ag must pay the civil penalty
by certified check, money order, or electronic funds transfer, payable to the Agency and designated to
the Illinois Environmental Protection Trust Fund. The case number, case name, and Webb Ag’s social
security number or federal employer identification number must be included on the certified check or
money order.
3.
Webb Ag must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276.
4.
Webb Ag must send a copy of the certified check or money order or a record of the
electronic funds transfer and any transmittal letter to the following:
Kristen Laughridge Gale
Assistant Attorney General
Environmental Bureau
500 S. 2nd St.
Springfield, IL 62702
Thomas Andryk
Assistant Counsel
Illinois Environmental Protection Agency
1021 N. Grand Ave. E.
P.O. Box 19276
Springfield, IL 62794-9276.
5.
Penalties unpaid within the time prescribed will accrue interest under Section 42(g) of the
Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate set forth in Section 1003(a) of the
Illinois Income Tax Act (35 ILCS 5/1003(a) (2004)).
6.
Webb Ag must cease and desist from the alleged violations.
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) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706. Illinois Supreme
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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;
see also
35 Ill. Adm. Code 101.902,
102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted
the above opinion and order on August 17, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
