ILLINOIS POLLUTION CONTROL BOARD
January 26, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
STOECKER FARMS, INC., an Illinois
corporation,
Respondent.
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PCB 06-150
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On March 28, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a four-count complaint against Stoecker Farms, Inc. (Stoecker
Farms).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns
Stoecker Farms’ swine production facility in Macoupin County.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)), 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 Stoecker Farms violated Section 12(a), (d),
and (f) of the Act (415 ILCS 5/12(a), (d), and (f) (2004)) and 35 Ill. Adm. Code 302.203,
304.106, 309.102(a), 501.403(a), 501.404(c)(3), 580.105, and 580.300.
The People further allege that Stoecker Farms violated these provisions by (1) causing or
allowing the release of livestock waste onto land so as to create a water pollution hazard; (2)
causing, threatening, or allowing the discharge of wastewater and manure solids into an unnamed
tributary of Cahokia Creek so as likely to create a nuisance or render those waters harmful or
detrimental or injurious to commercial, industrial, agricultural, recreational, or other legitimate
uses or to livestock, wild animals, birds, fish, or other aquatic life; (3) causing, threatening, or
allowing the discharge of wastewater and manure solids containing settleable solids, floating
debris, visible oil, grease, scum or bottom deposits, floating debris, visible oil, odor, plant or
algal growth, color or turbidity of other than natural origin into an unnamed tributary of Cahokia
Creek; (4) causing, threatening, or allowing the discharge of wastewater and manure solids into
an unnamed tributary of Cahokia Creek without a National Pollutant Discharge Elimination
System (NPDES) permit; (5) failed to maintain adequate storage capacity in livestock waste pits
to prevent an overflow and to provide adequate diversion of surface waters from the pits; and (6)
failing to report the release of livestock waste to State officials. The People ask the Board to
order Stoecker Farms to cease and desist from further violation and pay a civil penalty of not
more than the statutory maximum.
2
On November 27, 2006, the People and Stoecker Farms 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2004)).
See
35 Ill. Adm. Code 103.300(a), 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, proposed settlement, and request for relief from hearing. The
Board published newspaper notice in the
Macoupin County Enquirer-Democrat
on December
21, 2006; any timely hearing request was due to be filed January 11, 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) (2004); 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
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) (2004)), 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) (2004)), which may mitigate or aggravate the civil
penalty amount.
Under the proposed stipulation, Stoecker Farms admits the alleged violations and agrees
to pay a civil penalty of $5,000. The stipulation includes also includes a compliance plan
requiring, in brief, reseeding of a pasture, daily monitoring and periodic recordkeeping regarding
manure storage, and use of best management practices. In the event of failure to timely comply
as directed, Stoecker Farms agrees to pay stipulated penalties of $20.00 per day per violation.
The People and Stoecker Farms have satisfied Section 103.302. The Board accepts the
stipulation and proposed settlement. The Board has outlined the gist, but not the details, of the
stipulation’s contents in the order below. In summary, the Board assesses a civil penalty of
$5,000, and orders Stoecker Farms to comply with all terms and conditions of the stipulation.
This docket is now closed. 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. In summary, the Board assesses a civil penalty of $5,000.
2.
Stoecker Farms must pay a civil penalty of $5,000 no later than February 5, 2007,
which is the tenth day after the date of this order. Stoecker Farms must pay the
civil penalty by certified check, money order, or electronic funds transfer, payable
to the Illinois Environmental Protection Agency, designated for deposit into the
Environmental Protection Trust Fund. The case number, case name, and Stoecker
3
Farms’ federal employer identification number must be included on the certified
check, money order, or electronic funds transfer statement.
3.
Stoecker Farms must send the certified check, money order, or electronic funds
transfer to the following address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Stoecker Farms must send a copy of the certified check, money order, or record of
electronic funds transfer and any transmittal letter to the following persons at the
indicated address:
Kristen Laughridge Gale
Assistant Attorney General
Environmental Bureau
500 South. Second Street.
Springfield, Illinois 62702
Thomas Andryk
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
6.
Stoecker Farms must timely take all compliance activities outlined in the
stipulation.
7.
Stoecker Farms must cease and desist from the admitted 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) (2004);
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
4
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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on January 26, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
