ILLINOIS POLLUTION CONTROL BOARD
    May 21, 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)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a one-count complaint filed on April 6, 1998,
    by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois, against Heartland Pork Enterprises,
    Inc. (respondent), an Iowa corporation, located in Kansas Township, Edgar County, Illinois.
    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 granted complainant’s motion and accepted the revised complaint.
    The complaint alleges that respondent violated Section 12(a) of the Environmental Protection
    Act (Act) (415 ILCS 5/12(a) (1996)) and 35 Ill. Adm. Code 302.203, by causing offensive
    conditions in receiving waters.
    On April 6, 1998, the parties filed a stipulation, settlement agreement, and a joint
    motion requesting relief from the hearing requirement pursuant to Section 31(c)(2) of the Act.
    415 ILCS 5/31(c)(2) (1996). The Board published a notice of the waiver on April 14, 1998.
    The Board did not receive any objections to the granting of the waiver. Accordingly, the
    Board grants a waiver from the hearing requirement.
    The stipulation sets forth facts relating to the nature, operations, and circumstances
    surrounding the claimed violations. Respondent neither admits nor denies the alleged
    violations, but agrees to pay a total civil penalty of $12,500.
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondent’s responsibility to comply with any
    federal, State, or local regulations, including but not limited to, the Act and the Board’s
    regulations.
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    This opinion constitutes the Board’s finding of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Heartland Pork Enterprises, Inc., an Iowa
    corporation, located in Kansas Township, Edgar County, Illinois. The
    stipulation and settlement agreement are incorporated by reference as though
    fully set forth herein.
    2.
    Respondent shall pay the sum of $12,500 within 30 days of the date of this
    order, on or before June 20, 1998. Such payment shall be made by certified
    check payable to the Treasurer of the State of Illinois, for deposit into the
    Illinois Environmental Protection Trust Fund, and shall be sent by first class
    mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    The certified check shall clearly indicate on its face respondent’s federal
    employer identification number 421425107, and that payment is directed to the
    Environmental Protection Trust Fund. A copy of the payment transmittal and
    check shall be simultaneously submitted to:
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003
    (1996)
    ), as now or hereafter amended, from the date payment
    is due until the date payment is received. Interest shall not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    3.
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 21st day of May 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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