ILLINOIS POLLUTION CONTROL BOARD
December 3, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
J. B. TIMMERMANN FARMS, LTD.,
Respondent.
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PCB 07-70
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On January 29, 2007, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a three-count complaint against J.B. Timmermann Farms, LTD
(respondent). The complaint concerns respondent’s dairy operation that houses approximately
675 milking cows, located on the north side of Highline Road, in Section 28 of Breese
Township, Clinton 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 (2008)),
1
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 (2008); 35 Ill. Adm. Code 103.
In this case, the People allege that respondent’s violated Sections 12(a), 12(d) and 12 (f) of the
Act and Sections 302.203, 302.206, 309.102(a) of the Board’s water pollution regulations (35 Ill.
Adm. Code 302.203 and 309.102(a)) and Sections 501.404(c)(3) and 501.403(a) of the Board’s
agricultural regulations (35 Ill. Adm. Code501.404(c)(3) and 501.403(a)). The complaint alleges
that respondent violated these provisions by allowing a livestock waste lagoon to overflow into
Shoal Creek without a National Pollutant Discharge Elimination System (NPDES) permit for the
site and by depositing contaminants on land in a manner that created a water pollution hazard.
On October 30, 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2008)), 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. The newspaper notice was published in
Breese
Journal
on November 12, 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)
(2008); 35 Ill. Adm. Code 103.300(b).
1
All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has
been substantively amended in the 2008 compiled statutes.
2
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) (2008)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. Respondent neither
admits nor denies the alleged violations. The stipulation also addresses the factors of Section
42(h) of the Act (415 ILCS 5/42(h) (2008)), which may mitigate or aggravate the civil penalty
amount. Respondent agrees to pay a civil penalty of $15,000. 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.
J.B. Timmermann Farms, LTD must pay a civil penalty of $15,000 no later than
January 4, 2010, which is the first business day following the 30th day after the
date of this order. J.B. Timmermann Farms, LTD must pay the civil penalty by
certified check or money order payable to the Illinois Environmental Protection
Agency for deposit into the Environmental Protection Trust Fund. The case
name, case number, and J.B. Timmermann Farms, LTD’s federal tax
identification number must appear on the face of the certified check or money
order.
3.
J.B. Timmermann Farms, LTD 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
J.B. Timmermann Farms, LTD 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
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2008)) at the rate
3
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2008)).
5.
J.B. Timmermann Farms, LTD 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) (2008);
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 December 3, 2009, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
