Sunday, August 15, 2010

$15,000 Settlement of State Enforcement Action by Operator of Liquid Agricultural-Chemical Facility

The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in People v. Thermogas Co., Case No. PCB 10-10, which concerned a liquid agricultural-chemical facility located approximately two miles south of McLeansboro, Hamilton County.

The State alleged that the defendant violated the Illinois Environmental Protection Act by failing to control the agrichemicals handled at the facility and thereby causing or threatening water pollution and causing or allowing groundwater quality exceedences.  Under the terms of the settlement, the defendant denies the alleged violations but agrees to pay a civil penalty of $15,000.  The settlement further provides that the facility is the property of Ferrellgas, L.P., a signatory to the settlement, and that Ferrellgas must “obtain a deed restriction on the former facility property prohibiting withdrawal of the groundwater for potable use within the area where concentrations of agrichemicals exceed the Class I Groundwater Standards.”

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

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