ILLINOIS POLLUTION CONTROL BOARD
    February 15, 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 (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 and
    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). The Board accepts this matter
    for hearing.
    The Board directs that this matter proceed to hearing as expeditiously as practicable.
    The assigned hearing officer must set the matter for hearing in accordance with the
    requirements of the Act and the Board’s procedural rules. Accordingly, this matter must be set
    for hearing within 90 days after the filing of the complaint unless the hearing officer, after
    appropriate consultation with the parties, determines that a later date is appropriate and that no
    undue delay or material prejudice in the resolution of this matter would result. See 35 Ill.
    Adm. Code 103.212(c) (effective January 1, 2001). In any event, it is the responsibility of the
    hearing officer to guide the parties toward prompt resolution or adjudication of this matter,
    through whatever status calls and hearing officer orders he or she determines are necessary and
    appropriate.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 15th day of February 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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