ILLINOIS POLLUTION CONTROL BOARD
    April 16, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    HEARTLAND PORK ENTERPRISES, INC.,
    an Iowa corporation,
    Respondent.
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    PCB 98-129
    (Enforcement - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On April 6, 1998, the Illinois Attorney General, on behalf of the People of the State of
    Illinois, filed a formal complaint naming as a respondent Heartland Pork Enterprises, Inc., an
    Iowa corporation. The facility at issue is a hog breeding, gestation, and farrowing facility
    located in Bell Ridge, Edgar County, Illinois. On the same day, the parties filed a stipulation
    and proposal for settlement accompanied by a request for relief from the requirement of
    Section 31(c)(2) of the Environmental Protection Act (Act) that proposed stipulated settlements
    be presented at public hearing. 415 ILCS 5/31(c)(2) (1996).
    On April 15, 1998, complainant filed a revised complaint accompanied by a motion for
    leave to file. In support of this motion, complainant states that it “had inadvertently filed an
    uncorrected version of the pleading” containing factual and pleading errors as well as
    surplusage. Complainant further stated that respondent was aware that this revised complaint
    would be filed. The Board grants complainant’s motion and accepts the revised complaint.
    The one-count revised complaint alleges water pollution as a result of overflow of liquid hog
    manure from an onsite waste collection system at the Bell Ridge facility, which resulted in a
    fish kill in Big Creek.
    Section 31(c)(2) of the Act provides that whenever a complaint has been filed on behalf
    of the People of the State of Illinois, the parties may file with the Board a stipulation and
    proposal for settlement accompanied by a request for relief from the requirement of a hearing.
    415 ILCS 5/31(c)(2) (1996). The Board is required to cause notice of the stipulation,
    proposal, and request for relief to be published, unless the Board, in its discretion, concludes
    that a hearing is necessary. The notice is required to include a statement that any person may
    file a written demand for hearing within 21 days after receiving the notice. If any person files
    a timely written demand for hearing, the Board will deny the request for relief from a hearing.
    The Board accordingly directs the Clerk of the Board to cause publication of the
    required newspaper notice. The Board will reserve ruling on the parties’ request for relief
    from the hearing requirement until after the statutory 21 days have passed.
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    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 16th day of April 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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