ILLINOIS POLLUTION CONTROL BOARD
    November 1, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MICHEL GRAIN COMPANY, INC., a/k/a
    MICHEL FERTILIZER, an Illinois
    corporation, CARLYLE MICHEL, RONNIE
    TODD, and RONNIE TODD LAND TRUST,
    Respondents.
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    PCB 96-143
    (Enforcement – Water, Land)
    ORDER OF THE BOARD (by A.S. Moore):
    On September 20, 2002, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a third amended complaint against Michel Grain Company,
    Inc., a/k/a Michel Fertilizer, and Carlyle Michel (collectively, Respondent Michel), and Ronnie
    Todd, and Ronnie Todd Land Trust (collectively, Respondent Todd).
    See
    415 ILCS 5/31(c)(1)
    (2006); 35 Ill. Adm. Code 103.204. The People allege that Respondents violated Sections 12(a),
    12(d), and 21(d)(2) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), 12(d), 21(d)(2)
    (2006)) and Sections 302.203, 304.106, 306.102(b), and 808.121 of the Board’s regulations (35
    Ill. Adm. Code 302.203, 304.106, 306.102(b), 808.121). The People further allege that
    Respondents violated these provisions by causing, threatening, or allowing the discharge of
    contaminants so as to cause or tend to cause water pollution; by depositing contaminants on the
    land so as to create a water pollution hazard; by causing or allowing the discharge of
    contaminants resulting in obvious unnatural color and unnatural bottom deposit residuals; and by
    unlawfully disposing of waste. The complaint concerns Respondents’ facilities, which are
    located in the eastern portion of the Village of Ina, Jefferson County, and adjacent to Illinois
    Route 142 in Block 35 of the Village of Broughton, Hamilton County.
    On October 22, 2007, 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2006)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, Respondent Michel does not affirmatively admit the violations alleged in the third
    amended complaint and Respondents Todd denies violating the Act. Also under the proposed
    stipulation, Respondent Michel agrees to pay a civil penalty of $5,000.
    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
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    hearing. 415 ILCS 5/31(c)(2) (2006); 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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on November 1, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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