OFFICE OF
    STATE
    THE ATI’ORNEY
    OF ILLINOIS
    GENERAL
    0C7
    3020
    09
    STATE
    I
    ATTORNEY
    Lisa Madigan
    GENERAL
    OIutiori
    Control
    BOd
    October 28, 2009
    John T.
    Therriault,
    Assistant Clerk
    Assistant Clerk
    of the
    Board
    Illinois
    Pollution
    Control
    Board
    James R. Thompson Center, Ste. 11-500
    100 West Randolph
    Chicago, Illinois 60601
    Re:
    People v. J. B. Timmermann Farms
    PCB No. 07-70
    Dear
    Clerk:
    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 envelope.
    Thank you for your
    cooperation
    and consideration.
    Very
    truly yours,
    f
    Jane E. McBride
    Environmental Bureau
    500 South Second
    Street
    Springfield, Illinois 62706
    (217) 782-9031
    JEM!pjk
    Enclosures
    500
    South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY:
    (877)
    844-5461 • Fax:
    (217) 782-7046
    100
    West Randolph Street, Chicago, Illinois 60601
    • (312)
    814-3000 • TTY: (800) 964-3013 • Fax:
    (312)
    814-3806
    1001
    M,,n
    T1Onr, .2Qfl1 • ocic c2o..cnn
    99’v. (77
    7çcQ •
    (;11’ cçMc

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL BOARD
    PEOPLEOFTHESTATEOF
    )
    ILLINOIS,
    )
    LRK’S
    OFFICE
    OCTn
    Complainant,
    )
    STh
    2
    OF
    ILLJNO,
    vs.
    )
    PCB
    No.
    07-70
    OlIUt
    Control
    9oarj
    )
    (Enforcement
    - Water)
    J. B.
    TIMMERMANN
    FARMS,
    LTD.,
    )
    an
    Illinois
    corporation,
    )
    Respondent.
    NOTICE
    OF FILING
    To:
    James
    Richard
    Myers
    LeFevre
    Oldfield
    Myers
    Apke
    & Payne
    Law
    Group.
    Ltd.
    303
    S.
    Seventh
    St.,
    P.O.
    Box
    399
    Vandalia,
    IL 62471
    PLEASE
    TAKE
    NOTICE
    that
    on this
    date
    I mailed
    for filing
    with
    the
    Clerk
    of the
    Pollution
    Control
    Board
    of
    the
    State
    of
    Illinois
    an 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
    MATTHEWJ.
    DUNN,
    Chief
    Environmental Enforcement/Asbestos
    Litigation
    Division
    BY:____________________
    /4ANE
    E.
    McBRIDE
    Sr.
    Assistant
    Attorney General
    Environmenta[
    Bureau
    Attorney
    ID.
    #6285057
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    October
    28,
    2009

    CERTIFICATE
    OF SERVICE
    °
    302009
    Pj7
    I hereby
    certify that
    I did on
    October
    28,
    2009, send
    by U.S.
    mail,
    first
    class 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:
    James
    Richard
    Myers
    LeFevre
    Oldfield
    Myers
    Apke &
    Payne Law
    Group,
    Ltd.
    303 S.
    Seventh
    St.,
    P.O.
    Box
    399
    Vandalia,
    IL
    62471
    and
    the
    original and
    ten
    copies of the
    Notice of
    Filing
    by
    First Class
    Mail with
    postage
    thereon
    fully
    prepaid of the
    same
    foregoing
    instrument(s):
    To:
    John
    T.
    Therriault,
    Assistant Clerk
    Illinois
    Pollution
    Control
    Board
    James
    R. Thompson
    Center
    Suite 11-500
    100 West
    Randolph
    Chicago,
    Illinois 60601
    A copy
    of the
    Notice
    of Filing 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
    )a11e
    E. McBride
    Sr. Assistant
    Attorney
    General
    This
    filing is
    submitted
    on recycled
    paper.

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARp
    PEOPLE
    OF
    THE
    STATE
    OF ILLINOIS,
    )
    Complainant,
    )
    Ol!Utj
    STATE
    OF
    Control
    ILLINO,
    8oad
    vs.
    )
    PCB No.
    07-70
    (Enforcement
    - Water)
    J. B.
    TIMMERMANN
    FARMS,
    LTD.,
    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
    5131(c)(2)
    (2008), 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)
    (2008). 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)
    (2008).
    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) (2008).
    Respectfully submitted,
    PEOPLE
    OF THE STATE
    OF ILLINOIS
    LISA MADIGAN
    ATTORNEY
    GENERAL
    MATTHEWJ.
    DUNN, Chief
    Environmental Enforcement/Asbestos
    Litigation
    Division
    BY:________________________
    JANE E.
    McBRIDE
    Environmental
    Bureau
    Sr. Assistant Attorney
    General
    500
    South Second
    Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated:
    October 28,
    2009
    2

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOA4<VE
    PEOPLE
    OF
    THE
    STATE
    OF ILLINOIS,
    )
    OCT
    30
    Complainant,
    pgT1
    v.
    )
    PCB NO.
    07-70
    )
    (Enforcement
    - Water)
    J. B.
    TIMMERMANN
    FARMS,
    LTD.,
    )
    an Illinois
    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
    J.B.
    TIMMERMANN
    FARMS,
    LTD.
    (“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.
    This
    stipulation
    of facts
    is
    made
    and
    agreed
    upon
    for
    purposes
    of settlement
    only and
    as a factual
    basis
    for
    the
    Board’s
    approval
    of
    this
    Stipulation
    and
    issuance
    of
    relief.
    None
    of the
    facts stipulated
    herein
    shall be
    introduced
    into
    evidence
    in any
    other proceeding
    regarding
    the
    violations
    of the
    Illinois Environmental
    Protection
    Act
    (“Act”),
    415
    ILCS
    5/1 etseq.
    (2006),
    and
    the Board’s
    Regulations,
    alleged
    in
    the
    Complaint
    except
    as
    otherwise
    provided
    herein.
    It is the
    intent
    of
    the parties
    to
    this
    Stipulation
    that
    it be a final
    adjudication
    of this matter.
    I. STATEMENT
    OF
    FACTS
    A.
    Parties to
    the Stipulation
    1.
    On January
    29, 2007,
    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
    1

    upon the
    request of the
    Illinois EPA, pursuant
    to
    Section
    31 of the Act, 415
    ILCS
    5/31
    (2006),
    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 (2006).
    3.
    At
    all times
    relevant
    to
    the
    Complaint,
    Respondent
    was and is an
    Illinois
    corporation
    that
    is
    authorized to
    transact business in
    the State of
    Illinois. At all times
    relevant
    to
    the
    Complaint,
    Respondent
    owned and
    operated a dairy
    operation
    consisting of approximately
    675
    milking cows,
    located on the north
    side of Highline
    Road,
    in
    Section 28 of Breese
    Township,
    Clinton
    County, Illinois
    (“facility”
    or “site”).
    B.
    Allegations of
    Non-Compliance
    Complainant and
    the Illinois EPA
    contend that
    the
    Respondent
    has violated the
    following
    provisions of
    the Act and
    Board regulations:
    Count
    I
    1.
    By
    causing and
    threatening
    to
    cause
    water pollution,
    and by
    violating
    the water
    quality
    standard
    of
    Section 302.203 of
    the Board’s
    Water Pollution
    Regulations,
    35 Ill. Adm.
    Code
    302.203,
    and
    the dissolved
    oxygen standard of
    Section 302.206
    of the
    Board’s
    Water
    Pollution
    Regulations,
    35111. Adm. Code
    302.206, the
    Respondent has
    violated Section
    2 1(a) of
    the Act,
    415 ILCS
    5/12(a).
    Count
    II
    2.
    By
    causing,
    allowing
    or threatening
    the
    discharge
    of contaminants into
    waters of
    the
    State without
    an NPDES permit,
    the
    Respondent
    has violated
    Section
    1 2(f) of the
    Act,
    415
    ILCS
    5/12(f),
    and
    Section
    309.102(a)
    of the
    Board’s
    Water
    Pollution Regulations,
    35 Ill. Adm.
    2

    Code
    309.102(a).
    Count
    III
    3.
    By
    failing
    to properly
    maintain
    the facility
    livestock
    waste lagoon
    to ensure
    adequate
    storage
    capacity
    so
    that
    an overflow
    does not
    occur,
    Respondent
    has
    violated
    Section
    501.404(c)(3)
    of
    the Board’s
    Agriculture
    Related
    Pollution
    Regulations, 35
    Ill. Adm.
    Code
    501 .404(c)(3).
    4.
    By
    failing
    to
    adequately
    divert
    clean
    water
    from the
    facility
    waste handling
    system
    and
    storage,
    Respondent has
    violated
    Section
    501.403(a)
    of
    the
    Boards
    Agriculture
    Related
    Pollution
    Regulations,
    35111.
    Adm.
    Code
    501.403(a).
    5.
    By
    causing
    or
    allowing
    the deposit
    of contaminants
    on
    the
    land
    in
    such
    a place
    and
    manner
    as
    to
    create
    a water
    pollution
    hazard,
    Respondent has violated
    Section
    12(d) of
    the
    Act,
    415
    ILCS
    5/12(d).
    C.
    Non-Admission
    of Violations
    The
    Respondent
    neither
    admits
    nor
    denies
    the
    violation(s)
    alleged
    in the
    Complaint
    filed
    in this
    matter
    and
    referenced
    herein.
    D.
    Compliance
    Activities
    to Date
    1.
    The
    Respondent
    has retained
    the
    services
    of
    a
    consulting
    engineer
    to
    conduct
    a
    site
    study
    and
    provide
    an engineering
    plan
    to install
    and implement
    livestock
    waste
    and
    silage
    handling
    corrective
    measures.
    Said
    study
    and
    plan
    was approved
    by the
    Illinois
    EPA in
    April
    2009.
    2.
    The
    Respondent
    has
    submitted
    an NPDES
    permit
    application
    and,
    as part of
    that
    application, a
    Comprehensive Nutrient
    Management
    Plan
    for
    the illinois
    EPA’s
    approval.
    3

    II. APPLICABILITY
    This
    Stipulation
    shall apply
    to and
    be
    binding
    upon the Complainant,
    the Illinois
    EPA
    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.
    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
    for
    all
    violations
    alleged in
    the
    Complaint
    in this
    matter,
    for purposes
    of Sections
    39
    and 42
    of the Act,
    415 ILCS
    5/39
    and 42
    (2006).
    The Respondent
    shall notify
    each
    contractor to
    be retained
    to perform
    work required
    in
    this
    Stipulation
    of
    each
    of
    the
    requirements
    of
    this
    Stipulation
    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
    to
    each contractor
    already
    retained
    no
    later than
    thirty
    (30) calendar
    days after the
    date of
    entry
    of
    this Stipulation.
    In
    addition,
    the
    Respondent
    shall
    provide
    copies
    of all schedules
    for
    implementation
    of the
    provisions
    of this
    Stipulation
    to the
    prime
    vendor(s)
    supplying
    the control
    technology
    systems
    and other
    equipment
    required by
    this
    Stipulation.
    No
    change in
    ownership,
    corporate
    status or operator
    of
    the facility
    shall in any
    way alter
    the
    responsibilities
    of the
    Respondent
    under
    this
    Stipulation.
    In
    the
    event
    that
    the Respondent
    proposes
    to sell
    or transfer
    any real property
    or operations
    subject
    to this
    Stipulation,
    the
    Respondent
    shall notify
    the Complainant
    and
    the Illinois
    EPA thirty
    (30)
    calendar
    days
    prior
    to
    4

    the conveyance
    of
    title, ownership
    or other interest,
    including a leasehold
    interest
    in the
    facility
    or a
    portion thereof
    The
    Respondent
    shall make as
    a
    condition of
    any such sale or transfer,
    that
    the purchaser
    or successor
    provide
    to Respondent
    site access and
    all cooperation
    necessary
    for
    Respondent
    to
    perform
    to
    completion
    any
    compliance
    obligation(s)
    required by this
    Stipulation.
    The
    Respondent
    shall
    provide
    a copy of
    this
    Stipulation to any such
    successor
    in interest and the
    Respondent
    shall
    continue
    to be
    bound by
    and
    remain liable for performance
    of
    all obligations
    under
    this
    Stipulation.
    In appropriate
    circumstances,
    however,
    the Respondent
    and a proposed
    purchaser
    or
    operator
    of
    the
    facility
    may jointly
    request, and the
    Complainant
    and the Illinois
    EPA,
    in their
    discretion,
    may
    consider
    modification
    of this Stipulation
    to
    obligate
    the proposed
    purchaser
    or operator
    to carry out
    future
    requirements
    of this Stipulation
    in place
    of, or in
    addition to,
    the
    Respondent.
    This
    provision does not
    relieve
    the
    Respondent from
    compliance
    with any
    regulatory
    requirement
    regarding notice
    and transfer of
    applicable facility
    permits.
    III.
    IMPACT
    ON
    THE PUBLIC
    RESULTING
    FROM
    ALLEGED
    NON-COMPLIANCE
    Section 33(c)
    of
    the Act,
    415 ILCS
    5/33(c)(2006), 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
    5

    eliminating
    the
    emissions,
    discharges
    or deposits
    resulting
    from such
    pollution source; and
    5.
    any
    subsequent compliance.
    In response
    to
    these factors,
    the
    parties
    to this Stipulation
    state
    the following:
    1.
    Documented
    discharges from
    both the livestock waste
    lagoon and
    the silage
    storage area
    resulted in a
    violation of water
    quality
    standards,
    including a violation
    of the
    dissolved oxygen
    standard. The
    discharges
    of
    contaminants
    from the Defendants
    facility have
    caused,
    threatened
    or
    allowed water pollution
    in that such
    discharges have
    rendered the waters
    of
    the
    State
    harmful,
    detrimental
    and/or injurious
    to
    public
    health, safety and/welfare,
    and to
    recreational
    and other
    legitimate uses, including
    the support
    of wild animals,
    birds, fish and/or
    other aquatic
    life and
    the discharges
    created
    a
    nuisance.
    2.
    There
    is social and
    economic benefit to the
    facility when
    it
    is
    operated in
    compliance
    with
    the state’s
    environmental
    regulations.
    3.
    Operation of the
    facility, in
    compliance
    with
    the state’s
    environmental regulation,
    is
    suitable
    for
    the
    area in which
    it occurred.
    4.
    Operating the subject
    dairy
    facility
    in
    compliance
    with the state’s
    environmental
    regulations
    is both
    technically
    practicable and
    economically
    reasonable.
    5.
    Respondent
    is in the process
    of
    bringing
    this facility
    into
    compliance with the
    Act
    and the
    Board Regulations.
    IV. CONSIDERATION
    OF
    SECTION 42(h) FACTORS
    Section
    42(h) of the
    Act, 415 ILCS 5/42(h)(2006),
    provides as
    follows:
    In
    determining the appropriate
    civil penalty to
    be imposed under..
    . this Section,
    6

    the Board is
    authorized
    to
    consider
    any matters of
    record in mitigation
    or
    aggravation
    of penalty,
    including
    but
    not limited
    to the
    following
    factors:
    L
    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;
    3.
    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
    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,
    the parties
    to this Stipulation
    state as follows:
    The
    discharge
    violations
    were
    first reported August
    30,
    2004 and
    were observed
    by
    the Illinois
    EPA
    on August
    31. As of September
    14,
    2004,
    the
    receiving stream
    water was
    still discolored.
    Dissolved
    oxygen was still
    low as of
    September
    14, 2004. Respondent
    submitted
    an
    acceptable
    engineering
    report in early 2009,
    and
    submitted a
    Comprehensive
    Nutrient
    Management
    Plan to complete
    the facility’s
    NPDES
    application
    in June 2009.
    2.
    Respondent
    has agreed to bring
    his
    facility
    into
    compliance.
    7

    3.
    The subject
    facility
    lacked appropriate
    clean
    water diversion
    structures
    and
    practices
    appropriate
    to keep
    storm
    water out of
    the waste
    handling
    system, thereby
    failing
    to
    preserve
    storage
    capacity.
    Further, the
    subject
    facility failed
    to properly
    manage
    silage storage
    and
    leachate runoff.
    The
    estimated
    cost of
    the engineering
    study, plan
    development
    and
    implementation
    of
    corrective
    measures
    is
    $70,000
    to
    $100,000.
    Using
    a
    conservative
    compliance
    cost
    estimate
    fo
    $70,000,
    and a
    compliance
    date of June
    1, 2009,
    yields an
    economic
    benefit
    amount
    of
    $10,379.00.
    4.
    Complainant
    and
    the
    Illinois
    EPA
    have
    determined,
    based
    upon
    the specific
    facts
    of
    this matter,
    that a penalty
    of
    Fifteen
    Thousand
    ($15,000.00)
    will
    serve
    to deter
    further
    violations
    and
    aid in future
    voluntary
    compliance
    with
    the
    Act and
    Board regulations.
    5.
    To Complainants
    and
    the
    Illinois
    EPA’s
    knowledge,
    Respondent
    has no
    previously
    adjudicated
    violations
    of
    the Act.
    6.
    Pursuant
    to 35 Ill. Adm.
    Code
    580.105(a),
    Respondent
    was
    under the obligation
    to report
    the discharges
    and
    he failed
    to do so
    until instructed
    to
    by
    the Illinois
    EPA who
    responded
    to the
    discharges.
    7.
    The
    settlement
    of
    this matter
    does not
    include
    a
    supplemental
    environmental
    project.
    V.
    TERMS
    OF SETTLEMENT
    A.
    Penalty
    Payment
    1.
    The
    Respondent
    shall
    pay
    a
    civil
    penalty
    in the sum
    of Fifteen
    Thousand
    Dollars
    ($
    15,000.00)
    within thirty
    (30) days
    from
    the
    date
    the Board
    adopts and
    accepts
    this Stipulation.
    8

    B.
    Stipulated
    Penalties,
    Interest and Default
    1.
    If
    the Respondent
    fails
    to
    complete any
    activity or fails to
    comply
    with
    any
    response
    or
    reporting
    requirement
    by the date specified
    in this Stipulation,
    the Respondent
    shall
    provide
    notice
    to
    the
    Complainant
    and the Illinois EPA
    of each failure to
    comply with
    this
    Stipulation
    and
    shall
    pay stipulated
    penalties
    in
    the
    amount
    of$
    25.00 per
    day until such
    time
    that
    compliance is
    achieved. The
    Complainant may
    make a demand for stipulated
    penalties upon
    the
    Respondent
    for
    its
    noncompliance
    with this Stipulation.
    However,
    failure
    by
    the
    Complainant
    to
    make
    this demand
    shall not relieve
    the
    Respondent
    of the obligation to
    pay
    stipulated
    penalties.
    All
    stipulated
    penalties shall be
    payable
    within
    thirty
    (30) calendar
    days of
    the date
    the
    Respondent
    knows
    or should have known
    of
    its
    noncompliance
    with any provision
    of this
    Stipulation.
    2.
    If
    the
    Respondent
    fails to make any payment
    required
    by
    this Stipulation
    on or
    before
    the
    date
    upon
    which
    the
    payment is due, the
    Respondent
    shall
    be in
    default and
    the
    remaining
    unpaid
    balance of the penalty,
    plus
    any
    accrued
    interest, shall be
    due and
    owing
    immediately.
    In the
    event of default, the
    Complainant
    shall be entitled to
    reasonable
    costs
    of
    collection.
    3.
    Pursuant
    to
    Section
    42(g)
    of
    the Act,
    interest shall accrue on
    any
    penalty
    amount
    owed
    by
    the
    Respondent not paid
    within the time prescribed
    herein.
    Interest
    on
    unpaid
    penalties
    shall begin to
    accrue from the
    date such are due and
    continue
    to
    accrue
    to the date full
    payment
    is
    received.
    Where partial payment
    is made on any
    penalty amount
    that is due, such partial
    payment
    shall be
    first
    applied
    to
    any interest
    on unpaid penalties
    then owing.
    9

    C.
    Payment
    Procedures
    All
    payments
    required
    by this
    Stipulation
    shall be
    made by certified
    check
    or money
    order payable
    to
    the Illinois
    EPA for
    deposit into
    the Environmental
    Protection
    Trust Fund
    (“EPTF”).
    Payments
    shall
    be
    sent by
    first class
    mail and
    delivered to:
    Illinois
    Environmental
    Protection
    Agency
    Fiscal
    Services
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box 19276
    Springfield,
    IL
    62794-9276
    The
    name,
    case
    number
    and the Respondent’s
    federal
    tax
    identification
    number
    shall appear
    on
    the
    face
    of the
    certified check
    or money
    order.
    A copy
    of
    the certified
    check
    or
    money
    order
    and
    any transmittal
    letter
    shall
    be sent to:
    Environmental
    Bureau
    Illinois Attorney
    General’s
    Office
    500
    South
    Second Street
    Springfield,
    Illinois
    62706
    D.
    Future
    Compliance
    1.
    The
    Respondent
    shall
    cooperate
    in
    a timely
    fashion
    with
    Illinois EPA
    regarding
    any
    requests
    for
    additional
    information
    necessary
    to allow
    the Illinois
    EPA
    to
    complete
    its
    review of
    the
    Defendant’s
    NPDES Permit
    application.
    The
    Defendant
    shall,
    within
    twenty-one
    (21) business
    days
    of receipt
    of
    any
    such
    request
    for additional
    information
    from
    the
    Illinois
    EPA,
    provide the
    requested
    information
    to
    the
    Illinois
    EPA.
    Upon
    issuance
    of
    an
    NPDES
    Permit,
    the
    Defendant
    shall comply
    with all
    requirements
    contained
    therein.
    2.
    By
    October
    1,
    2009, the
    Respondent
    shall
    fully
    implement,
    complete
    construction
    and
    bring
    all installation
    and
    practices
    called
    for
    in
    the facility’s
    approved
    engineering
    plan and
    Comprehensive
    Nutrient
    Management
    Plan
    into
    operation.
    10

    3.
    Respondent shall weekly
    record
    the freeboard level of
    the facility’s livestock
    waste
    lagoon,
    and shall maintain
    records of all
    land application events,
    including amounts
    of
    waste
    applied
    and the
    location
    at
    which the waste
    was applied, and
    submit both the
    freeboard
    and
    land
    applications
    records
    to the Illinois
    EPA
    on
    a
    monthly
    basis. Respondent
    shall submit
    these
    records
    on the
    first of
    each month.
    Respondent shall initiate
    this practice immediately
    and
    continue
    it until
    all
    installments,
    construction
    and
    practices called
    for in the facility’s
    approved
    engineering
    plan
    have been
    implemented and
    are operational.
    4.
    The
    Illinois
    EPA, its employees
    and
    representatives,
    and the Attorney
    General,
    her employees and
    representatives,
    shall have the
    right of
    entry
    into and upon the
    Respondent’s
    facility which is
    the subject of this
    Stipulation,
    at all
    reasonable
    times
    for the purposes
    of
    conducting
    inspections
    and
    evaluating compliance
    status. In
    conducting such inspections,
    the
    Illinois EPA, its
    employees and
    representatives,
    and the Attorney
    General, her employees
    and
    representatives,
    may take
    photographs, samples,
    and
    collect
    information, as
    they deem
    necessary.
    4.
    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.
    5.
    The
    Respondent
    shall
    cease and
    desist from future
    violations
    of
    the
    Act and
    Board Regulations
    that
    were
    the subject matter
    of the Complaint.
    11

    E.
    Release
    from Liability
    In
    consideration
    of
    the Respondent’s
    payment
    of the
    $15,000.00
    penalty,
    completion
    of
    all
    activities
    required
    hereunder,
    and upon
    the Board’s
    approval
    of
    this
    Stipulation,
    the
    Complainant
    releases,
    waives
    and discharges
    the
    Respondent
    from any
    further liability
    or
    penalties
    for the
    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 January
    29, 2007.
    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
    regulations;
    c.
    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.
    F.
    Correspondence,
    Reports
    and Other
    Documents:
    Any
    and
    all
    correspondence,
    reports
    and any other
    documents
    required
    under this
    Stipulation,
    except
    for
    penalty
    payments,
    shall be submitted
    as
    follows:
    12

    As to the
    Complainant
    Jane
    E.
    McBride
    Sr.
    Assistant Attorney
    General
    Illinois
    Attorney
    General’s
    Office
    Environmental Bureau
    500
    South Second
    Street
    Springfield,
    Illinois
    62702
    As
    to
    the Illinois EPA
    Joey Logan
    Wilkey
    Assistant
    Counsel
    Illinois
    EPA
    1021
    North Grand
    Avenue East
    P.O. Box
    19276
    Springfield,
    Illinois
    62794-9276
    Joseph
    D. Stitely
    Bureau
    of
    Water
    Illinois
    EPA
    2309 W.
    Main St.
    Marion,
    Illinois
    62794-9276
    As
    to the
    Respondent
    Mr.
    James R.
    Meyers,
    Esq.
    LEFEVRE
    OLDFIELD
    MYERS
    APKE
    &
    PAYNE
    LAW
    GROUP,
    LTD
    303 S.
    Seventh
    Street
    P0 Box
    399
    Vandalia,
    IL 62471
    David
    Timmermann
    J.B. Timmermann Dairy
    Farm
    11601
    South Germantown
    Rd.
    Breese, Illinois 62230
    G.
    Enforcement
    and
    Modification
    of Stipulation
    Upon
    the entry of the
    Board’s Order
    approving and
    accepting this
    Stipulation,
    that
    Order is
    a
    binding
    and
    enforceable order of
    the Board and
    may be enforced as
    such
    through
    any and
    all available means.
    13

    2.
    The
    Complainant,
    in consultation
    with
    the Illinois
    EPA, and the Respondent
    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 V.0.
    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 to this
    Stipulation.
    H.
    Execution
    of
    Stipulation
    The
    undersigned
    representatives
    for each party
    to
    this Stipulation 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.
    14

    WHEREFORE,
    the parties
    to this
    Stipulation
    request
    that
    the Board adopt
    and
    accept
    the
    foregoing
    Stipulation
    and
    Proposal
    for Settlerneni
    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
    Attorne’
    General
    I)A
    H
    i .i- [
    \II\4E Pv1ANN
    FARNIS.
    L
    PD
    FOR
    THE
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    DOUGLAS
    P. SCOTT,
    Director
    Illinois
    Environmental
    Protection
    Agency
    BY:
    L):TE:
    Chief Legal
    Counsel
    B
    /)i
    1)AV’ItYl’i
    MMFRMANN
    I)Ai’E:
    /6-
    L5

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