ILLINOIS POLLUTION CONTROL BOARD
April 16, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BRENT SPECKHART d/b/a BRENT
SPECKHART SWINE FARM,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 09-56
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD: (by G.T. Girard):
On February 3, 2009, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a three-count complaint (Complaint) against Brent Speckhart,
doing business as Brent Speckhart Swine Farm (Respondent). The complaint concerns
respondent’s swine farm facility (facility) located in the northeast corridor of Section 23,
Township 3 South, Range 8 West, in Adams 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 on behalf of the People to
enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that respondent Speckhart violated Sections 12(a), 12(d), and 12(f)
of the Act, (415 ILCS 5/12(a), (d), and (f) (2006)), and Sections 501.404(c)(3) and
501.404(c)(4)(A) of the Board’s Agriculture Related Pollution Regulations (35 Ill. Adm. Code
501.404(c)(3) and 501.404(c)(4)(A)). Comp. at 5-9.
Specifically, the People allege that respondent Speckhart violated the provisions of the
Act and Board’s regulations by discharging livestock waste upon the land so as to allow
contaminants to drain into waters of the state; depositing livestock waste upon the land so as to
create water pollution; discharging contaminants into the waters of the state from a point source
without a National Pollution Discharge Elimination System permit; failing to maintain lagoon
levels such that there was adequate storage capacity to prevent an overflow; and, by failing to
take proper measures to handle the volume of waste in the facility’s two-cell lagoon.
On February 3, 2009, the People and respondent 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)), which requires that the public have an opportunity to request a
hearing whenever the State and a respondent propose settling an enforcement action without a
public hearing.
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,
2
proposed settlement, and request for relief. The newspaper notice was published in the
Quincy
Herald-Whig
on February 7, 2009. 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.
See
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 respondent’s 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)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. The stipulation also
addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2006)), which may mitigate
or aggravate the civil penalty amount. Respondent admits the alleged violations and agrees to
pay a civil penalty of $7,000.00. The People and respondent have satisfied Section 103.302.
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.
Brent Speckhart Swine Farm must pay a civil penalty of $7,000 for the alleged
violations no later than May 16, 2009, which is first business day following the
30th day after the date of this order. Respondent must pay the civil penalty by
certified check or money order payable to the Illinois Environmental Protection
Agency, designated to the Illinois Environmental Protection Trust Fund. The case
name, case number, and respondents’ Federal Tax Identification Numbers must
appear on the face of the certified check or the money order.
3.
Respondent must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Respondent must send a copy of the certified check or money order and any
transmittal letter to:
Environmental Bureau
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706
3
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.
Respondent 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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on April 16, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
