ILLINOIS POLLUTION CONTROL BOARD
December 6, 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.
)
)
)
)
)
)
)
)
)
)
)
)
PCB 96-143
(Enforcement – Water, Land)
OPINION AND 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’ two facilities: one located
in the eastern portion of the Village of Ina, Jefferson County, and the other 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). The Board provided notice of
the stipulation, proposed settlement, and request for relief. The newspaper notice was published
in the
Mt. Vernon Register-News
on October 23, 2007, and in the
Times-Leader
of McLeansboro
on October 25, 2007. 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) (2006); 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
2
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Respondents’ 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) (2006)). The People and Respondents have
satisfied Section 103.302. 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. The
Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Respondent Michel must pay a civil penalty of $5,000 no later than Monday,
January 7, 2008, which is the first business day after the 30th day after the date of
this order. Respondent Michel must pay the civil penalty by certified check,
money order, or wire transfer payable to the Illinois Environmental Protection
Trust Fund. The case number, case name, and Respondent Michel’s social
security number must be included on the certified check or money order.
3.
Respondent Michel 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.
A copy of the certified check or money order and the transmittal letter shall be
sent to:
Phillip McQuillan
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62702
and
Charles Gunnarson
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, IL 62794-9276
3
5.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
6.
Respondents 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) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
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;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on December 6, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
