ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    ) PCB 96-111
    ) (Enforcement - Water)
    JOHN CHALMERS, individually and
    )
    d/b/a JOHN CHALMERS HOG FARM,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by M. McFawn):
    On
     
    January 6, 2000, the Board found that respondent violated various sections of the
    Environmental Protection Act (415 ILCS 5/
    et seq.
    (1998)) and Board regulations. The Board ordered
    respondent to pay a civil penalty in the amount of $5,750 for the violations, by February 6, 2000. On
    January 28, 2000, respondent filed a motion to extend the time to pay the penalty, which the Board
    construes as a motion to modify the January 6, 2000 order, pursuant to 35 Ill. Adm. 101.246. In the
    motion, respondent asserts that he needs 60 additional days to pay the penalty. Attached to the motion
    is a letter from petitioner representing that petitioner does not object to respondent receiving 60
    additional days in which to pay the assessed penalty.
    The motion to modify is granted. Respondent has until April 6, 2000, in which to pay the
    penalty. The revised Board order reads as follows:
    ORDER
    1.
    The Board finds that respondent violated Section 12(a) of the Illinois Environmental
    Protection Act (415 ILCS 5/12(a) (1998)) on May 11, 1992,
     
    May 6, 1993, June 15, 1993, February 14, 1994, February 17, 1994, and July 26,
    1994, by failing to maintain the waste created at the Chalmers site in such a manner as
    to prevent the threat of pollution to a water of the State.
     
    2.
    The Board finds that respondent violated Section 12(d) of the Illinois Environmental
    Protection Act (415 ILCS 5/12(d) (1998)) on May 6, 1993, and June 15, 1993, by
    depositing contaminants upon the land in such a place and manner so as to create a
    water pollution hazard.
     
    3.
    The Board finds that respondent violated Section 12(f) of the Illinois Environmental
    Protection Act (415 ILCS 5/12(f) (1998)) on May 11, 1992,
    2
     
    June 15, 1993, February 14, 1994, February 17, 1994, and July 26, 1994, by
    discharging contaminants into a water of the State without an NPDES permit.
     
    4.
    The Board finds that respondent violated Section 302.203 of the Board’s regulations
    (35 Ill. Adm. Code 302.203) on May 11, 1992, and May 6, 1993, by failing to keep
    the waters of the State free from sludge or bottom deposits, floating debris, visible oil,
    odor, plant or algal growth, color or turbidity of other than natural origin.
     
    5.
    The Board finds that respondent violated Section 302.212 of the Board’s regulations
    (35 Ill. Adm. Code 302.212) on June 15, 1993, by contaminating a water of the State
    with ammonia nitrogen in excess of the 15 mg/L allowed.
     
    6.
    The Board finds that respondent violated Section 304.106 of the Board’s regulations
    (35 Ill. Adm. Code 304.106) on May 11, 1992, by allowing effluent to contain
    settleable solids, floating debris, visible oil, grease, scum or sludge solids.
     
    7.
    The Board finds that respondent violated Section 501.404(c)(3) of the Board's
    regulations (35 Ill. Adm. Code 501.404(c)(3)) on February 9, 1994, due to the
    overflow of lagoon #1.
     
    8.
    The Board finds that respondent violated Sections 501.404(c)(3) and (c)(4)(A) of the
    Board’s regulations on May 11, 1992, by allowing a lagoon overflow to occur, which
    caused water pollution.
     
    9.
    The Board orders respondent to cease and desist from all further violations of the Act
    and Board regulations.
     
    10.
    The Board orders respondent to provide monthly reports to the Illinois Environmental
    Protection Agency, at the Agency’s regional Springfield office, describing the freeboard
    amounts of each of the four lagoons. The first report shall be due one month after the
    date of this order and the subsequent 23 reports will be due on each monthly
    anniversary thereafter for a total of two years, or until the lagoons are closed according
    to applicable law, whichever occurs first.
     
    11.
    The Board orders respondent to pay a civil penalty in the amount of $5,750 by
    certified check or money order made payable to the Environmental Protection Trust
    Fund. Respondent shall send the payment no later than April 6, 2000, at 4:30 p.m. by
    first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    3
    P.O. Box 19276
    Springfield, IL 62794-9276
    12.
    Respondent shall write the case name and number (People of the State of Illinois v.
    John Chalmers, individually and d/b/a John Chalmers Hog Farm
    ,
    PCB 96-111), and his
    social security number on the certified check or money order.
    13.
    If the penalty is not paid within the time prescribed, it shall incur 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 shall not accrue during the pendency of an appeal during
    which payment of the penalty has been stayed.
    IT IS SO ORDERED.
    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 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 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the 3rd day of February 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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