ILLINOIS POLLUTION CONTROL BOARD
    April 19, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DAVID LIVINGSTON, individually, and
    BRIAN SIPLEY, individually and d/b/a BCS
    FARMS,
    Respondents.
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    PCB 01-111
    (Enforcement –Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 30, 2001, the People of the State of Illinois filed a three-count complaint
    against David Livingston (Livingston), individually, and Brian Sipley (Sipley), individually
    and d/b/a BCS Farms (Sipley d/b/a BCS). The complaint alleges respondents caused or
    allowed water pollution and offensive conditions at the facility located at 2614 West
    McConnell Road, Freeport, Stephenson County, Illinois. These activities were in alleged
    violation of Section 12(a) of the Environmental Protection Act (Act) (415 ILCS 5/12(a) (1998))
    and the Board’s water pollution regulations at 35 Ill. Adm. Code 302.203. The complaint
    alleges Sipley d/b/a BCS caused a violation of livestock waste storage standards. This activity
    was in alleged violation of Section 12(d) of the Act (415 ILCS 5/12(d) (1998)) and the Board’s
    agriculture water pollution regulations at 35 Ill. Adm. Code 501.404(b).
    On April 6, 2001, the parties filed a stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)). Respondents neither admit nor deny the violations as
    alleged in the complaint. Livingston proposes to pay a $2,000 civil penalty and Sipley d/b/a
    BCS proposes to pay a civil penalty of $6,500.
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. (415 ILCS 5/31(c)(2) (1998)). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement
    and request for relief from the hearing requirement.
    Accordingly, the Board directs the Clerk of the Board to cause publication of the
    required newspaper notice. Any person may file a written demand for hearing within 21 days
    of the published notice. If a hearing is requested, the Board will deny the parties’ request for
    relief and schedule a hearing.
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    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 19th day of April 2001 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control
    Board

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