ILLINOIS POLLUTION CONTROL BOARD
December 6, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
GREG GIERTZ d/b/a GIERTZ SWINE
FARM #1,
Respondent.
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PCB 07-23
(Enforcement -Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On October 13, 2006, complainant, the Office of the Attorney General, on behalf of the
People of the State of Illinois (People), filed a seven-count complaint against respondent, Greg
Giertz d/b/a Giertz Swine Farm #1 (Giertz). The complaint concerns livestock waste releases in
March-April and November 2004 from the Giertz swine finishing facility located approximately
twenty miles south of the City of Moline at 5212 Knoxville Road, New Windsor, Mercer
County. The parties now seek to settle without a hearing. For the reasons below, the Board
accepts the parties’ stipulation and proposed settlement. Under the Environmental Protection
Act (Act) (415 ILCS 5 (2006)), the Attorney General and the State’s Attorneys may bring actions
before the Board to enforce Illinois’ environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2004); 35 Ill. Adm. Code 103. In this case, the People allege that Giertz caused
or allowed the release of livestock waste in violation of the Act and the Board’s livestock waste
rules at 35 Ill. Adm. Code 500
et seq.
According to the complaint, respondent violated, in separate incidents on various
specified dates occurring in March-April and in November 2004: 1) Sections 12(a) and (d) of
the Act (415 ILCS 5/12(a), (d) (2006)) by causing or allowing the discharge of livestock waste
so as to cause or threaten water pollution and create a water pollution hazard and 35 Ill. Adm.
Code 501.403(a) and 501.404(c)(4) (A) by failure to have in place appropriate diversion dikes
and manure storage capacity, 2) Section 12(f) of the Act (415 ILCS 5/12 (f) (2006)) and 35 Ill.
Adm. Code 309.102(a) by causing, allowing, or threatening the discharge of a contaminant
without a permit under the National Pollutant Discharge Elimination System (NPDES), and 3)
Section 4(h) of the Act (415 ILCS 5/4(h) (2006)) and 35 Ill. Adm. Code 580.105 by failing to
timely report releases of livestock waste from a facility.
On October 26, 2007, the People and Giertz 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
Times Record
on October 31, 2007. The Board did not receive any requests for hearing. The
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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
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Giertz’ 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 Giertz have satisfied
Section 103.302. Giertz neither admits nor denies the alleged violations, but agrees to pay a civil
penalty of $3,500. 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.
Greg Giertz d/b/a Giertz Swine Farm #1 (Giertz) must pay a civil penalty of
$3,500 no later than Monday, January 7, 2008, which is the first business day
after the 30th day after the date of this order. Giertz must pay the civil penalty by
certified check or money order, payable to the Illinois Environmental Protection
Agency and designated to the Illinois Environmental Protection Trust Fund. The
case number, case name, and Giertz’ social security number or federal employer
identification number (FEIN) must be included on the certified check or money
order.
3.
Giertz 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
Giertz must send a copy of the certified check or money order and any transmittal
letter to:
Jane E. McBride
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62702
Charles Gunnarson
Assistant Counsel
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Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
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)).
5.
Giertz 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.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
