Lisa Madigan
ATTORNEY GENERAL.
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Dear Clerk Gunn
:
Enclosed for filing please find the original and ten copies of a Notice of Filing, . Entry of
Appearance and Complaint in regard to the above-captioned matter . Please file the originals and
return file-stamped copies to me in the enclosed, self-addressed envelope
.
Thank you for your cooperation and consideration
.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
March 22, 2006
Re :
People v. Stoecker Farms, Inc .
Kristen Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
1001 East Nlain, Carbondale, Illinois 62901
•
(618) 5 .^ 1)-6400
•
TTY: (618) 5'9-6403
•
F :r
: (618) 529-6416
KLG/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
TTY: (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
TTY: (312) 814-3 .374
Fax: (312) 814-3806
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
)
)
VS
.
\
PCB No
.
\
(Enforcement)
STOECKER FARMS, !NC
.
.
\
an Illinois corporation,
)
Respondent
)
NOTICE OF FILING
To :
STOECKER FARMS, INC .
c/o Ly8 Edward Se[. R.A .
21398 Sunset Road
Litchfield, IL 62056
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached hereto and
herewith served upon you . Failure to file an answer to this Complaint within 60 days may have
severe consequences. Failure to answer will mean that all allegations in this Complaint will be
taken as if admitted for purposes of this proceeding . If you have any questions about this
procedure, you should contact the hearing officer assigned to this proceeding, the Clerk's Office
or an attorney
.
1
FURTHER .
please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS
3515/1 /20O4\,
to correct the pollution alleged in
the Complaint filed in this case
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
500 South Second Street
Springfield, Illinois 62706
217/782-S031
Dated: March 22, 2006
2
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Dvision
BY : -'
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on March 22, 2006, send by certified mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, ENTRY OF APPEARANCE and
COMPLAINT :
To :
STOECKER FARMS, INC
.
c/o Lyle Edward Stoecker, R. A .
21398 Sunset Road
Litchfield, IL 62056
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s)
:
To
:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James FV Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Kristen Laughridge Gale
Assistant Attorney General
This filing is submitted on recycled paper
.
VS .
STOECKER FARMS, !NC
. '
an Illinois corporation,
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR[]
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
)
Respondent .
\
PCB No
. - -
(Enforcement)
500 South Second Street
Springfield, Illinois 62706
21 V7820031
Dated: March 22, 2006
On
ENTRY OF APPEARANCE
behalf of the Complainant, PEOPLE (]F THE STATE OF ILLINOIS, KRISTEN
LAUGHRIDGE GALE, Assistant Attorney General of the State of Illinois, hereby enters her
appearance as attorney of record
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY
:
// ^~+c
KRISTEN LAUGHRIDGE GALE
Environmental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
\
Complainant,
\
-Vs_
)
PCB No . 06-
(Enforcement)
(Enforuernent
STOECKER FARMS,
INC.,
an Illinois
corporation,
)
'
Respondent .
\
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, and at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complains of the Respondent, STOECKER FARMS, INC ., as follows
:
COLIN
1
WATER POLLUTI N VIOLATIONS
.
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinok Environmental Protection Agency ("Illinois EPA"), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31
(2004)
.
2
.
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415)LCS5/4(2OO4) .8ndcharged,
inter
@
lia
,with th8
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board")
.
3 .
The Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2004), after providing the Respondent with notice and opportunity for a meeting with the Illinois
EPA .
4 .
The Respondent, STOECKER FARMS, INC ., is an Illinois corporation in good
standing and owns and operates a s"We production facdAy in Macoupin County, Illinois
.
5
.
The swine gwoduction facHity consists of three confinement buildings with manure
pits underneath each building
.
6
.
Section 12 of the Act, 415 ILCS 5/12 (2004), provides in pertinent part that
:
No person shall :
a
.
Cause or threaten or allow the discharge of any contaminants into the
environment in any State so as to cause or tend to cause water pollution
in Illinois, either alone or in combination with matter from other sources,
or so as to violate regulations or standards adopted by the Pollution
Control Board under this Act
;
d
.
Deposit any contaminants upon the land in such place and manner as to
create a water pollution hazard
;
~
Cause, threaten or allow the discharge of any contaminant into the
waters of the State, as defined herein, including but not limited to, waters
to any sewage works, or into any well or from any point source within the
State, without an NPDES permit for point source discharges issued by
the Agency under Section 39(b) of this Act, or in violation of any term or
condition imposed by such permit, or in violation of any NPDES permit
filing requirement established Linder Section 39(b), or in violation of any
regulations adopted by the Board or of any order adopted by the Board
with respect to the NPDES program
.
7
.
Section 3.545 of the Act, 415 ILCS 5/3.545 (2004) provides :
"Water pollution" is such alteration of the physical, thermal, chemical, biological
or radioactive properties of any waters of the State, or such discharge of any
contaminant into any waters of the State, as will or is likely to create a nuisance
or render such waters harmful or detrimental or injurious to public health, safety
or welfare, or to domestic, commercial, inclustan agricultural, recreational, or
other legitimate uses, or to livestock, wild animals, birds, Ash, or other aquadc
8
.
Section 3.550 of the Act, 415 ILCS 3 .550 (2004) provides
:
"Waters" means all accumulations of water, surface and underground, natural,
and MIMI, public and private, or parts thereof, which are wholly or partially
within, flow through, or border upon this State .
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An owner or operator of a livestock waste handling facility who reports by
telephone any release of livestock waste shall provide a follow-up written report of the
release within 5 days after the discovery of the release
.
.
.
.
13
.
In late January and early February 2005, the manure pit underneath the south
confinement building overflowed, releasing a Inge quantity of livestock waste to the pasture
below. This incident resulted from the combination of: 1) the breakdown of the land application
equipment in December 2004, 2) the failure of the pump to the 500,000 gallon Slurrystore tank
so that the tank coud rat be used for storage, 3) weather conditions which thawed the fields, 4)
inadequate water diversion, including most of the downspouts being broken, which allowed
excessive amounts of water to flow into the pit, and 5) the consequent lack of adequate storage
capacity
.
14 .
The livestock waste released to the pasture deposited contaminants upon the
land in such place and manner as to create a water pollution hazard
.
In particular, on February
8, 2005, the wastewater and manure solids had accumulated in an area approximately 40 feet
wide and 200 feet long and were flowing through a roadside ditch for an additional 50 feet
before discharging into an unnamed tributary of Cahokia Creek .
15
.
Stoecker Farms, Inc., deposited contaminants upon the land in such place and
manner as to create a water pollution hazard and caused, threatened or allowed the discharge
of wastewater and manure solids into an unnamed tributary of Cahokia Creek so as likely to
create a nuisance or render such waters harmful or detrimental or injurious to domestic,
commercial, industrial, agricultural, recreational, or other legitimate uses, or to livestock, wild
animals, birds, fish, or other aquatic Ile
.
16
.
By depositing wastewater and manure solids upon the land in such place and
manner as to create a water pollution hazard, the Respondent has violated Section 12(d) of the
Act, 415 ILCS 5/12(d) (2004)
.
4
17
.
By causing, threatening or allowing the discharge of wastewater and manure
solids into waters of the State so as to cause or tend to cause water pollution, the Respondent
has violated Section 12(a) of the Act, 415 ILCS 5/12(a) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of Me State of Illinois, respectively request that
the Board enter an order
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B .
Finding that Respondent has violated the Act and regulations as alleged herein
;
C
.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations
;
Pursuant to Sectio
civil penalty of not more than the statutory maximum; and
E
.
Granting such other relief as the Board may deem appropriate
.
COUNT 11
`
OFFENSIVE DISCHARGES AND CONDITIONS
1-14 .
Complainant realleges
incorporates herein by paragraphs 1 through 14 of
Count I as paragraphs 1 through 14 of this Count 11
.
15
.
Section 304.106 of the Board's Water Pollution Regulations, 35 Ill . Adm. Code
304.106, provides
:
Offensive Discharges
In addition to the other requirements of this Part, no effluent shall contain
settleaNe solids, floating debris, visible oil, grease, scum or sludge solids. Color,
odor and turbidity must be reduced to below obvious levels
.
16 .
Section 302 .203 of the Board's Water Pollution Regulations, 35 111 . Adm. Code
302.203, provides :
gainst the Respondent
:
42/hX1)0fUle Act, 415 ILCS 5/42(b)(1) (2004), impose a
5
Offensive Conditions
Waters of the State shall be Nee from sludge or bottom deposits, floating debris,
visible oil, Od0r, plant or
8{oBl
growth, color or turbidity of other than natural
origin. The allowed mixing provisions of Section 302 .102 shall not be used to
comply with the provisions of this Section
.
17 .
On February 8, 2005, the Illinois EPA sampled the unnamed tributary of Cahokia
CPB8k,bO\hupstr83O7@nddOvvDSt[83nlOfth8diSCh@rg8Ofvv8Sbevv8te[@Odnn@nUr8sO!idSiOtO
the stream; the subsequent analytical results demonstrated the pollutional impact of the
discharge .
18 .
Stoecker Farms, Inc., caused, threatened or allowed the discharge of
wastewater and manure solids, containing settleable solids, floating debris, visible oil, grease,
scum or sludge solids, into an unnamed tributary of Cahokia Creek, resulting in the presence of
sludge orbottom deposits, OO8dngdebris, visible oil, 0dUr .pkan[Or@!g@!growth, color Or
turbidity of other than natural origin in such waters
.
19 .
By causing, threatening or allowing the offensive discharges, resulting in
offensive conditions in waters of the State, the Respondent has violated Sections 304 .106 and
3O21O3Of1hABU8rd'SWater Pollution Regulations, 35!U. Adm. Code 304.106, 302.203
.
2a
By caushg, threatening or allowing the discharge of contaminants into an
~
unnamed tributary of Cahokia Creek so as to violate regulations or standards adopted by the
Board, the Respondent has violated Section 12(a) of the Act, 415 ILCS 5/12(a) (2004)
.
WHEREFORE, Complainant,
PRAYER FOR RELIEF
the People of the State of
U!iDOiS,
respectively request that
the Board enter an order against the Respondent :
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B
.
Finding that Respondent has violated the Act and regulations as alleged herein
;
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations
;
'
.
D
.
Pursuant to Section 42(b)(1) of the Act, 415!LCS5/42(b)(1) (2OO4) .impose a
civil penalty of not more than the statutory maximum ; and
EGranting such other relief as the Board may deem appropriate
.
'
COUNT III
NPDES PERMIT VIOLATIONS
1-14 .
Complainant reaUeges and incorporates herein by paragraphs 1 through 14 of
^
Count las paragraphs 1 through 14 of this Count Ui
15
.
Section 301102(a) of the Board's Water Pollution Regulations, 35 Ill . Adm. Code
3OS.1O2(8), provides :
Except as in comphance Wth the provision of the Act, Board regulations, and the
CWA, and the provisions and conditions of the NPIDES permit issued to the
discharger, the discharge of any contaminant or pollutant by any person into the
waters of the State from a point source or into a well shall be unlawful
.
16 .
Stoecker Farms, Inc., caused, threatened or allowed the discharge of
vv8S<evv8terGDdrD8nunaSOUdSint08OUDn8nned(hbut8ryOfC8hOki@Cn88kvvithOUt8DNP[)ES
`
permit for point source discharges issued by the Illinois EPA under Section 39(b) of the Act
.
17
.
By causing, threatening or allowing the discharge of contaminants into an
unnamed tributary of Cahokia Creek without an NPIDES permit, the Respondent has violated
Section 12j) Of(he Act, 415 !LC85/12Ul (2004), and Section 309 .102(a) of the Board's Water
Pollution Regulations, 35UiAdm. Code 309.102(a)
.
WHEREFORE, Complainant, the Peo0e of the State of Illinois, respectively request that
PRAYER FOR RELIEF
the Board enter an order against the Respondent :
A .
Authorizing 8he@[iOg in this matter at which time the Respondent will be
required to answer the allegations herein
;
B
.
Finding that Respondent has violated the Act and regulations as alleged herein
;
C
.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations
;
O
.
Pursuant to Section 42(b)(1) of the Act, 415!LC85/42(b)/1\(20O4) .impose a
civil penalty of not more than the statutory maximum; and
E
.
Granting such other relief as the Board may deem appropriate
.
COUNT IV
MANAGEMENT AND REPORTING VIOLATIONS
1 -14 .
Complainant r8@U8geS and incorporates herein by paragraphs 1 through 14 of
Count I as paragraphs 1 through 14 of this Count IV
.
15 .
StOeCke[ Farms, Ina, failed to maintain adequate storage capacity in the
livestock waste pits to prevent an overflow and to provide adequate diversion of surface waters
from such pits, thereby violating Sections 501 A04(c)(3) and 501 .403(a) of the Board's
Agriculture Regulations, 35 111. Adm. Code 501 A040#31 501 A03(a)
.
16 .
Stoecker Farms, !Oa, faked to report the release of Westock waste to State
ofAcials, thereby violating Sections 58a 105 and 580.300 of the Board's Agriculture Regulations,
35 111. Adm. Code 580.105, 580.300 .
WHEREFORE, Complainant, the People of We State of Minois, respectively request that
PRAYER FOR RELIEF
the Board enter an order against the Respondent
:
A
.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B .
Finding that Respondent has violated the Act and regulations as alleged herein
;
C
.
Ordering Respondent to cease and desist Rom any further violations of the Act
