OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
All ORNEY GENERA[,
November 21, 2006
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v. Stoecker Farms, Inc .
PCB No. 06-150
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a Notice of Filing, Motion for
Relief From Hearing Requirement and Stipulation and Proposal for Settlement in regard to the
above-captioned matter
. Please file the originals and return file-stamped copies to me in the
enclosed, self-addressed envelope.
RECEIVED
CLERKS
NOV
2 7 2006
Pollution
STATE OF
Control
ILLINOISBoard
KLG/pp
Enclosures
Thank you for your cooperation and consideration
.
Very truly, yours,
Kristen Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
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) 814-3374 • Fax : (312) 814-3806
1(101 Easr Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403 • Fax : (618) 529-6416
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: November 21, 2006
NOTICE OF FILING
To:
Christine Zeman
Hodge Dwyer Zeman
3150 Roland Avenue
PO . Box 5776
Springfield, IL 62705-5776
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 MOTION FOR RELIEF FROM HEARING REQUIREMENT
and STIPULATION AND PROPOSAL FOR SETTLEMENT, copies of which are attached hereto
and herewith served upon you
.
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 D' wion
BY :
KRISTEN
lam
LAUGHRIDGE
"
~<
GALE
Assistant Attorney General
Environmental Bureau
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs.
)
STOECKER
FARMS, INC .,
)
an Illinois corporation,
)
Respondent .
)
PCB No . 06-150
(Enforcement)
N) v
2 ;
20~
PSQionC
ntW~l
OAS
oaro
CERTIFICATE OF SERVICE
I hereby certify that I did on November 21, 2006, send by First Class 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, MOTION FOR RELIEF FROM
HEARING REQUIREMENT and STIPULATION AND PROPOSAL FOR SETTLEMENT
:
To:
Christine Zeman
Hodge Dwyer Zeman
3150 Roland Avenue
PO. Box 5776
Springfield, IL 62705-5776
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 R . Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid to :
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
vs .
)
PCB No . 06-150
(Enforcement)
STOECKER FARMS, INC .,
)
an Illinois corporation,
)
Respondent .
)
MOTION FOR RELIEF FROM HEARING REQUIREMENT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and pursuant to Section 31(c)(2) of the
Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31(c)(2) (2004) ; moves that the Illinois
Pollution Control Board grant the parties in the above-captioned matter relief from the hearing
requirement imposed by Section 31 (c)(1) of the Act, 415 ILCS 5/31(c)(1) (2004)
. In support of
this motion, Complainant states as follows :
1 .
The parties have reached agreement on all outstanding issues in this matter
.
2.
This agreement is presented to the Board in a Stipulation and Proposal for
Settlement, filed contemporaneously with this motion .
3 .
All parties agree that a hearing on the Stipulation and Proposal for Settlement is
not necessary, and respectfully request relief from such a hearing as allowed by Section
31(c)(2) of the Act, 415 ILCS 5/31(c)(2) (2004) .
1
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, hereby requests
that the Board grant this motion for relief from the hearing requirement set forth in Section
31(c)(1) of the Act, 415 ILCS 5/31(c)(1) (2004)
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
0
vl§ion
BY:
2
STEN LAUGHRIDGE GALE
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: November 21, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
v.
) PCB No. 06-150
STOECKER FARMS, INC ., an Illinois,
) (Enforcement - Water)
corporation
)
Respondent.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, the Illinois Environmental Protection Agency ("Illinois EPA"),
and Stoecker FARMS, INC . ("Respondent"), have agreed to the making of this Stipulation and
Proposal for Settlement ("Stipulation") and submit it to the Illinois Pollution Control Board
("Board") for approval. The parties agree that the statement of facts contained herein represents a
fair summary of the evidence and testimony which would be introduced by the parties if a
hearing were held . The parties further stipulate that this statement of facts is made and agreed
upon for purposes of settlement only and that neither the fact that a party has entered into this
Stipulation, nor any of the facts stipulated herein, shall be introduced into evidence in any other
proceeding regarding the claims asserted in the Complaint except as otherwise provided herein
.
If the Board approves and enters this Stipulation, Respondent agrees to be bound by the
Stipulation and Board Order and not to contest their validity in any subsequent proceeding to
implement or enforce their terms .
1
I. JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties consenting
hereto pursuant to the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/1 et seq .
(2004) .
II. AUTHORIZATION
The undersigned representatives for each party certify that they are fully authorized by the
party whom they represent to enter into the terms and conditions of this Stipulation and to legally
bind them to it .
III. STATEMENT OF FACTS
A.
Parties
On March 28, 2006, a Complaint was filed on behalf of the People of the State of
Illinois by Lisa Madigan, Attorney General of the State of Illinois, on her own motion and upon
the request of the Illinois EPA, pursuant to Section 31 of the Act, 415 ILCS 5/31(2004), against
the Respondent.
2 .
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS 5/4 (2004) .
At all times relevant to the Complaint, Respondent was and is an Illinois
corporation in good standing
.
2
B.
Site Description
At all times relevant to the Complaint, Respondent owned and operated a swine
production facility located in Macoupin County, Illinois ("facility") .
2 .
In late January and early February 2005, the manure pit underneath the south
confinement building at the facility overflowed, releasing livestock waste to the pasture below
.
3
.
Respondent was pumping and land applying the contents of the pits in December
2004, when its 4,200 gallon Blazer manure tank collapsed
. While a replacement tank was
immediately ordered, Stoecker could not readily continue its land application, using Stoecker
equipment . Further, a failed pump precluded use of an additional storage tank at the site .
4 .
On February 8, 2005, the Illinois EPA observed wastewater and manure solids
accumulated in an area approximately 40 feet wide and 200 feet long, runoff from which had
flowed through a roadside ditch for an additional 50 feet into an unnamed tributary of Cahokia
Creek . Lyle Stoecker, Respondent's agent, observed no visible accumulated solids in the
roadside ditch on February 8, 2005, although solids are not the sole measure of an impact .
On February 8, 2005, Illinois EPA sampled the unnamed tributary of Cahokia
Creek, both upstream and downstream of the discharge . Based on a comparison of the analytical
results upstream and downstream, the results showed an impact of the discharge to the unnamed
tributary.
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the
Act and Board regulations :
3
Count I :
Water Pollution Violations, in violation of Sections 12(a) and 12(d) of the
Act, 415 ILCS 5/12(a), (d) (2004)
.
Count II :
Offensive Discharges and Conditions, in violation of Section 12(a) of the
Act, 415 ILCS 5/12(a) (2004), and 35 III . Adm. Code 304 .106 and
302 .203 .
Count III:
NPDES Permit Violations, in violation of Section 12(f) of the Act, 415
ILCS 5/12(f) (2004), and 35 Ill . Adm. Code 309 .102(a).
Count IV:
Management and Reporting Violations, in violation of 35 Ill . Adm. Code
501 .404(c)(3), 501 .403(a), 580 .105, and 580 .300.
D.
Admission of Violations
The Respondent admits to the violations alleged in the Complaint filed in this matter and
referenced within Section III
.C herein .
E.
Compliance Activities to Date
On September 14, 2005, Stoecker Farms submitted a report of the overflow
incident . The report estimated that approximately 300 gallons of manure were released in late
January 2005 .
2.
Stoecker Farms is monitoring the levels of the hog confinement manure holding
pits daily. Every seven to ten day Stoecker Farms measures and records the depth levels of the
manure.
3 .
The Natural Resources Conservation Services ("NRCS") administered a
Comprehensive Nutrient Management Plan ("CNMP"), which included soil sampling and
evaluation of storage capacity of the facility . The CNMP preliminary report showed that the
4
facility had sufficient storage for the manure produced .
4.
The north hog confinement has been renovated with new fences, sidings, gutters
and down spouts, so as to enable diversion of rainwater from the facility
. Stoecker Farms has the
materials to finish the south hog confinement in 2006, but has already completed renovation of
gutters and down spouts for rainwater diversion .
5
.
The access pipes around both hog confinement buildings have been repaired,
including the installation of a concrete block surrounding the pipes .
6.
Stoecker Farms is transporting the manure to fields for application by injection at
agronomic rates .
7.
The slurry store at Stoecker Farms is not operational because it requires repairs .
The schedule for repairing the slurry store is dependent upon the completion of the CNMP.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and the Respondent,
and any officer, director, agent, or employee of the Respondent, as well as any successors or
assigns of the Respondent
. The Respondent shall not raise as a defense to any enforcement
action taken pursuant to this Stipulation the failure of any of its officers, directors, agents,
employees or successors or assigns to take such action as shall be required to comply with the
provisions of this Stipulation .
1 .
No change in ownership, corporate status or operator of the facility shall in any way alter
the responsibilities of the Respondent under this Stipulation and Proposal for Settlement . h the
5
event of any conveyance of title, easement or other interest in the facility, the Respondent shall
continue to be bound by and remain liable for performance of all obligations under this
Stipulation .
2.
In the event that the Respondent proposes to sell or transfer any real property or
operations subject to any Order accepting and adopting the terms of this Stipulation and Proposal
for Settlement, the Respondent shall notify the Complainant 30 days prior to the conveyance of
title, ownership or other interest, including a leasehold interest in the facility or a portion thereof
The Respondent shall make the prospective purchaser or successor's compliance with any Order
accepting and adopting the terms of this Stipulation a condition of any such sale or transfer, but
only if the terms of this Stipulation and any Order are then applicable, and if then applicable,
shall provide a copy of this Stipulation and any Order accepting and adopting the terms of this
Stipulation to any such successor in interest
. This provision does not relieve the Respondent
from compliance with any regulatory requirement regarding notice and transfer of applicable
facility permits .
3.
The Respondent shall notify each contractor to be retained to perform work required by
any Order accepting and adopting the terms of this Stipulation of each of the requirements of said
Order relevant to the activities to be performed by that contractor, including all relevant work
schedules and reporting deadlines, and shall provide a copy of this Stipulation and any Order
accepting and adopting the terms of this Stipulation to each contractor already retained no later
than 30 days after the date of adoption of this Stipulation
. In addition, the Respondent shall
6
provide copies of all schedules for implementation of the provisions of this Stipulation to any
prime vendor(s) supplying CNMP or equipment required if by any Order accepting and adopting
the terms of this Stipulation .
V. COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of the Respondent to comply with
any other federal, state or local laws or regulations including, but not limited to, the Act and the
Board regulations, 35 Ill . Adm. Code, Subtitles A through H .
VI. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c)(2004), provides as follows :
In making its orders and determinations, the Board shall take into consideration
all the facts and circumstances bearing upon the reasonableness of the emissions,
discharges, or deposits involved including, but not limited to :
1 .
the character and degree of injury to, or interference with the protection of the
health, general welfare and physical property of the people
;
2 .
the social and economic value of the pollution source ;
3 .
the suitability or unsuitability of the pollution source to the area in which it is
located, including the question of priority of location in the area involved ;
4 .
the technical practicability and economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting from such pollution
source ; and
5 .
any subsequent compliance .
In response to these factors, the parties state the following:
1 .
Complainant asserts that human health and the environment were threatened by
7
the Respondent's release .
2 .
There is social and economic benefit to the swine production facility .
The operation of the swine production facility is suitable for the area in which it
occurred .
4 .
Operating and managing a swine production facility such that manure is not
released is both technically practicable and economically reasonable .
Respondent has subsequently complied with the Act and the Board Regulations
.
VII. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2004), provides as follows :
In determining the appropriate civil penalty to be imposed under
. . . this Section,
the Board is authorized to consider any matters of record in mitigation or
aggravation of penalty, including but not limited to the following factors :
the duration and gravity of the violation ;
2.
the presence or absence of due diligence on the part of the respondent in
attempting to comply with requirements of this Act and regulations thereunder or
to secure relief therefrom as provided by this Act
;
any economic benefits accrued by the respondent because of delay in compliance
with requirements, in which case the economic benefits shall be determined by the
lowest cost alternative for achieving compliance ;
4 . the amount of monetary penalty which will serve to deter further violations by the
respondent and to otherwise aid in enhancing voluntary compliance with this Act
by the respondent and other persons similarly subject to the Act ;
5 .
the number, proximity in time, and gravity of previously adjudicated violations of
this Act by the respondent ;
6 .
whether the respondent voluntarily self-disclosed, in accordance with subsection i
of this Section, the non-compliance to the Agency
; and
8
7.
whether the respondent has agreed to undertake a "supplemental environmental
project," which means an environmentally beneficial project that a respondent
agrees to undertake in settlement of an enforcement action brought under this Act,
but which the respondent is not otherwise legally required to perform .
In response to these factors, Complainant states as follows :
1 .
The Respondent caused or allowed the release of manure in violation of the Act
and Board Regulations . Some of the manure release entered an unnamed tributary to Cahokia
Creek, and comparison of sample results upstream to downstream showed that the water at the
time was impacted
. The violations began on or around January 2005, and were individually
resolved at various times in the following year .
2 .
Respondent was diligent in attempting to come back into compliance with the
Act, Board regulations and applicable federal regulations, once the Illinois EPA notified it of its
noncompliance
.
3 .
Economic benefit for the avoidance of proper disposal was nominal.
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of five thousand dollars ($5,000 .00) will serve to deter further violations and aid in future
voluntary compliance with the Act and Board regulations .
5.
To Complainant's knowledge, Respondent has no previously adjudicated
violations of the Act
.
6 .
Self-disclosure is not at issue in this matter .
7.
The settlement of this matter does not include a supplemental environmental
project.
9
VIII. TERMS OF SETTLEMENT
A.
Penalty Payment
The Respondent shall pay a civil penalty in the sum of Five Thousand Dollars
($5,000 .00) within ten (10) days from the date the Board adopts and accepts this Stipulation . The
penalty described in this Stipulation shall be paid by certified check, money order or electronic
funds transfer payable to the Illinois EPA, designated to the Illinois Environmental Protection
Trust Fund and submitted to :
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P .O. Box 19276
Springfield, IL 62794-9276
The name and number of the case shall appear on the check . A copy of the certified check,
money order or record of electronic funds transfer and any transmittal letter shall be sent to
:
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
2.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2004), interest shall
accrue on any payment not paid within the time period prescribed above at the maximum rate
10
allowable under Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003 (2004) . Interest
on any unpaid payment shall begin to accrue from the date the payment is due and continue to
accrue until the date payment is received . When partial payment(s) are made, such partial
payment shall be first applied to any interest on unpaid payment then due and owing . All interest
on payment owed shall be paid by certified check, money order or electronic funds transfer,
payable to the Illinois EPA, designated to the Illinois Environmental Protection Trust Fund and
delivered to the address and in the manner described above .
3 .
For purposes of payment and collection, Respondent may be reached at the
following address :
Lyle Stoecker
Stoecker Farms, Inc .
21398 Sunset Road
Litchfield, IL 62056
4.
In the event of default of this Section VILLA, the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees.
B .
Compliance Plan
1 .
Stoecker Farms shall take all reasonable efforts to reseed the pasture adjacent to
the road ditch on the east side of the property .
2.
Stoecker Farms shall monitor storage structures manure levels daily, and enter the
measured levels at least every ten (10) days in an onsite log or record
. Manure storage structure
contents shall be maintained at levels to contain the precipitation from a 25-year, 24-hour storm
11
(6-inches) without overflowing .
3 .
Stoecker Farms and any contractor shall use best management practices for
utilization of livestock manure consistent with Title 35, schedule E, Part 560 : Design Criteria of
Field Application of Livestock Waste.
C.
Stipulated Penalties
If the Respondent fails to complete any activity or fails to comply with any
response or reporting requirement by the date specified in Section VIII .B ("Compliance Plan") of
this Stipulation, the Respondent shall provide notice to the Complainant of each failure to
comply with this Stipulation . In addition, the Respondent shall pay to the Complainant, for
payment into the EPTF, stipulated penalties per violation for each day of violation in the amount
of $20.00 until such time that compliance is achieved .
2 .
Following the Complainant's determination that the Respondent has failed to
complete performance of any task or other portion of work, failed to provide a required
submittal, including any report or notification, Complainant may make a demand for stipulated
penalties upon Respondent for its noncompliance with this Stipulation . Failure by the
Respondent to make this demand shall not relieve the Respondent of the obligation to pay
stipulated penalties.
3 .
All penalties owed the Complainant under this section of this Stipulation that have
not been paid shall be payable within thirty (30) days of the date the Respondent knows or should
have known of its noncompliance with any provision of this Stipulation
.
4 .
a.
All stipulated penalties shall be paid by certified check, money order or
12
electronic funds transfer, payable to the Illinois EPA for deposit into the EPTF and shall be sent
by first class mail, unless submitted by electronic funds transfer, and delivered to :
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P .O . Box 19276
Springfield, Illinois 62794-9276
b.
The name and number of the case and the Respondent's FEIN shall appear
on the face of the check . A copy of the certified check, money order or record of electronic funds
transfer and any transmittal letter shall be sent to :
Kristen Laughridge Gale
Assistant Attorney Genera
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
5 .
The stipulated penalties shall be enforceable by the Respondent and shall be in
addition to, and shall not preclude the use of, any other remedies or sanctions arising from the
failure to comply with this Stipulation .
D .
Future Use
Notwithstanding any other language in this Stipulation to the contrary, and in
consideration of the mutual promises and conditions contained in this Stipulation, including the
Release from Liability contained in Section VIILF, below, the Respondent hereby agrees that this
Stipulation may be used against the Respondent in any subsequent enforcement action or permit
proceeding as proof of a past adjudication of violation of the Act and the Board Regulations
promulgated thereunder for all violations alleged in the Complaint in this matter, for purposes of
13
Section 39(a) and (i) and/or 42(h) of the Act, 415 ILCS 5/39(a) and(i) and/or 5/42(h)(2004) .
Further, Respondent agrees to waive any rights to contest, in any subsequent enforcement action
or permit proceeding, any allegations that these alleged violations were adjudicated
.
E.
Cease and Desist
The Respondent shall cease and desist from future violations of the Act and Board
Regulations that were the subject matter of the Complaint as outlined in Section III .C
("Allegations of Non-Compliance") of this Stipulation
.
F.
Release from Liability
In consideration of the Respondent's payment of the $5,000 .00 penalty and any specified
costs and accrued interest, completion of all activities required hereunder, to Cease and Desist as
contained in Section MILE, and upon the Pollution Control Board's acceptance and approval of
the terms of this Stipulation and Proposal for Settlement, the Complainant releases, waives and
discharges the Respondent from any further liability or penalties for violations of the Act and
Board Regulations that were the subject matter of the Complaint herein
. The release set forth
above does not extend to any matters other than those expressly specified in Complainant's
Complaint filed on March 28, 2006
. The Complainant reserves, and this Stipulation is without
prejudice to, all rights of the State of Illinois against the Respondent with respect to all other
matters, including but not limited to, the following
:
a.
criminal liability;
b .
liability for future violation of state, federal, local, and common laws and/or
14
regulations ;
liability for natural resources damage arising out of the alleged violations ; and
d.
liability or claims based on the Respondent's failure to satisfy the requirements of
this Stipulation .
Nothing in this Stipulation is intended as a waiver, discharge, release, or covenant not to
sue for any claim or cause of action, administrative or judicial, civil or criminal, past or future, in
law or in equity, which the State of Illinois or the Illinois EPA may have against any person, as
defined by Section 3 .315 of the Act, 415 ILCS 5/3 .315, or entity other than the Respondent .
G.
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents required under this
Stipulation, except for payments pursuant to Sections VIII .A ("Penalty Payment") and C
("Stipulated Penalties") of this Stipulation shall be submitted as follows :
As to the Complainant
Thomas Andryk
Assistant Counsel
Illinois EPA
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
John Wells
Division of Water Pollution Control/Field Operations Section
Illinois EPA
Springfield Regional Office
4500 South Sixth Street
Springfield, Illinois 627067
15
As to the Respondent
Lyle Stoecker
Stoecker Farms, Inc .
21398 Sunset Road
Litchfield, IL 62056
H .
Modification of Stipulation
The parties may, by mutual written consent, agree to extend any compliance dates or
modify the terms of this Stipulation
. A request for any modification shall be made in writing and
submitted to the contact persons identified in Section VIII
.H
. Any such request shall be made by
separate document, and shall not be submitted within any other report or submittal required by
this Stipulation
. Any such agreed modification shall be in writing, signed by authorized
representatives of each party, and then accompany a joint motion to the Illinois Pollution Control
Board seeking a modification of the prior order approving and accepting the Stipulation to
approve and accept the Stipulation as amended
.
I .
Enforcement of
Board Order
I .
Upon the entry of the Board's Order approving and accepting this Stipulation and
Proposal for Settlement, that Order is a binding and enforceable order of the Illinois Pollution
Control Board and may be enforced as such through any and all available means
.
2
.
Respondent agrees that notice of any subsequent proceeding to enforce the Board
Order approving and accepting this Stipulation and Proposal for Settlement may be made by mail
and waives any requirement of service of process
.
3 .
The parties agree that, if the Board does not approve and accept this Stipulation
16
and Proposal for Settlement, then neither party is bound by the terms herein .
4.
It is the intent of the Complainant and Respondent that the provisions of this
Stipulation and Proposal for Settlement and any Board Order accepting and approving such shall
be severable, and should any provision be declared by a court of competent jurisdiction to be
inconsistent with state or federal law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect.
17
WHEREFORE, Complainant and Respondent request that the Board adopt and accept the
foregoing Stipulation and Proposal for Settlement as written .
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY
:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
ROBERT A . MESS A
Chief Legal Counsel
STOECKER FARMS, INC .
BY:
Le I~JlC~ttd
r
Name:~
,yle
J~~Y1 t G~P
Title :
a
18
