ILLINOIS POLLUTION CONTROL BOARD
    June 21, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    WILLIAM C. BIGGER, JOSEPH G. BIGGER,
    and BIGGER FAMILY, LTD.,
    Respondents.
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    PCB 97-178
    (Enforcement – Water)
    OPINION and ORDER OF THE BOARD (by C.A. Manning):
    On April 7, 1997, the People of the State of Illinois (People) filed a five-count complaint against
    William C. Bigger, Joseph G. Bigger and Bigger Family Ltd. (respondents). The complaint alleges that
    the respondents caused or allowed water pollution, offensive discharges and conditions, ammonia
    nitrogen standard violations, National Pollutant Discharge Elimination System (NPDES) permit
    violations, and livestock management facility runoff and discharge violations at three feedlots located
    southeast of Oquawka, Rozetta Township, Henderson County, Illinois. These activities were in alleged
    violation of Sections 12(a), (d), and (f) of the Environmental Protection Act (Act) (415 ILCS 5/12(a),
    (d), (f) (2000)), and the Board’s water pollution regulations at 35 Ill. Adm. Code 302.203, 302.212,
    309.102(a), and 502.101.
    On April 27, 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) (2000)). Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)), 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
    Oquawka Current
    on May
    2, 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 admit the violations
    alleged by the People and agree to pay a civil penalty of $5,000.
    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.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this matter.
    2
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by the
    People of the State of Illinois and William C. Bigger, Joseph G. Bigger, and Bigger
    Family, Ltd. (respondents). The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2.
    Respondents must pay a civil penalty of $5,000 in four quarterly payments. The first
    payment must be made within 30 days of the date of this order, that is, on or before July
    21, 2001. Such payment must be made by certified check payable to the Illinois
    Environmental Protection Agency, for deposit in the Environmental Protection Trust
    Fund. The case number, case name, and William or Joseph Bigger’s social security
    number must also be included on the certified check and clearly indicate that payment is
    directed to the Environmental Protection Trust Fund.
    3.
    The check 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
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    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
    (2000)), 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. Specifically, respondents must comply with the waste
    management plan developed for the facility and with the facility’s NPDES Permit No.
    IL0072613.
    6.
    As a supplemental environmental project, respondents have worked with the local
    3
    USDA Natural Resources and Conservation Service (NRCS) to develop a windbreak
    design for feedlot 3 and have purchased tree stock for planting in the spring of 2001.
    Windbreaks will be planted on the north side of the holding pond and the north and
    west side of the former east lagoon. Respondents must manage the windbreaks so that
    they will grow as set forth in the NRCS windbreak plan developed for the facility.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (2000)) 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 21st day of June 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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