ILLINOIS POLLUTION CONTROL BOARD
    May 17, 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)
     
    OPINION AND 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 dairy farming operation 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 involving cattle
    manure. 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)). Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the
    Board caused publication of the required newspaper notice of the stipulation and proposal for
    settlement and request for relief from the hearing requirement. The notice appeared in
     
    The
    Freeport Journal-Standard
    on April 9, 2001. The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver from the hearing requirement.
     
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondents do not
    admit to the violations alleged by the People, but Livingston agrees to pay a civil penalty of
    $2,000 and Sipley d/b/a BCS agrees to pay a civil penalty of $6,500.
     
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Respondents must continue 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 findings 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 respondents. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
     
    2.
    Livingston must pay a civil penalty of $2,000 and Sipley d/b/a BCS must pay a
    civil penalty of $6,500. Payment must be made within 30 days of the date of this
    order, that is, on or before June 16, 2001. Such payment must be made by
    certified check or money order payable to the Illinois Environmental Protection
    Agency, for deposit in the Environmental Protection Trust Fund. The case
    number, case name, and respondents’ social security numbers must also be
    included on the certified check or money order and clearly indicate that payment
    is directed to the Environmental Protection Trust Fund.
     
    3.
    The check or money order must be sent by first class mail to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
     
    Office of the Attorney General
    Christopher Grant
    188 West Randolph, 20th Floor
    Chicago, Illinois 60601
     
    4.
    Any such penalty not paid within the time prescribed incurs interest at the rate
    set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
    ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment is
    due until the date payment is received. Interest does not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
     
    5.
    Respondents must cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
     
    IT IS SO ORDERED.
     
    3
     
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date 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 101.520, 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 17th day of May 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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