ILLINOIS POLLUTION CONTROL BOARD
    October 18, 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)
     
    OPINION AND 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).
    The Board provided notice of the stipulation, proposed settlement, and request for relief,
    including published notice in
    The State Journal-Register.
    The Board did not receive any
    requests for hearing. The Board grants the parties’ request for relief from the hearing
    requirement.
    See
    415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements
    include stipulating to facts on the nature, extent, and causes of the alleged violations and
    the nature of Nickel’s operations. Section 103.302 also requires that the parties stipulate
    to facts called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and
    Nickel have satisfied Section 103.302. Nickel neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of $5,000. The Board accepts the stipulation
    and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
    2
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and
    proposed settlement.
     
    2. Bob Nickel d/b/a Nickel Agri-Service (Nickel) must pay a civil penalty of
    $5,000 no later than November 18, 2001, which is the 30th day after the
    date of this order. Nickel must pay the civil penalty by certified check or
    money order, payable to the Environmental Protection Trust Fund. The
    case number, case name, and Nickel’s social security number or federal
    employer identification number must be included on the certified check or
    money order.
     
    3. Nickel must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Penalties unpaid within the time prescribed will accrue interest under
    Section 42(g) of the Environmental Protection Act (415 ILCS 5/42(g)
    (2000)) at the rate set forth in Section 1003(a) of the Illinois Income Tax
    Act (35 ILCS 5/1003(a) (2000)).
     
    5. Nickel must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board
    orders may be appealed directly to the Illinois Appellate Court within 35 days after the
    Board serves the order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code
    101.300(d)(2), 101.906, 102.706. Illinois Supreme Court Rule 335 establishes filing
    requirements that apply when the Illinois Appellate Court, by statute, directly reviews
    administrative orders. 172 Ill. 2d R. 335. The Board’s procedural rules provide that
    motions for the Board to reconsider or modify its final orders may be filed with the Board
    within 35 days after the order is received. 35 Ill. Adm. Code 101.520;
    see also
    35 Ill.
    Adm. Code 101.902, 102.700, 102.702.
     
     
      
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on October 18, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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