ILLINOIS POLLUTION CONTROL BOARD
    September 20, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BOB NICKEL d/b/a NICKEL AGRI-
    SERVICE,
     
    Respondent.
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    PCB 02-29
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On September 7, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Bob Nickel d/b/a Nickel Agri-Service
    (Nickel).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that
    Nickel violated Section 12(a) and (d) of the Environmental Protection Act (Act) (415 ILCS
    5/12(a), (d) (2000)) and 35 Ill. Adm. Code 501.403(a) and 501.404(c)(2), (c)(3), and (c)(4)(A) of
    the Board’s livestock regulations. The People further allege that Nickel violated these provisions
    by cutting the berm on one or more livestock waste lagoons causing the discharge of livestock
    waste sludge. The complaint concerns a hog confinement operation located in Sangamon
    County.
     
    On September 7, 2001, the People and Nickel filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the Act
    (415 ILCS 5/31(c)(1) (2000)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a).
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    order was adopted on September 20, 2001, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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