ILLINOIS POLLUTION CONTROL BOARD
    June 22, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PAUL BERGMANN d/b/a PAUL
    BERGMANN DAIRY FARM,
    Respondent.
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    PCB 00-1
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On April 27, 2000, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter.
    The complaint alleged that respondent violated Sections 12(a) and 12(d) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(a), 12(d) (1998)), and the Board’s regulations found at 35
    Ill. Adm. Code 302.212(a), 501.403(a), and 501.404(c)(4), by causing or allowing the
    discharge of livestock waste into the waters of the State, causing or allowing the accumulation
    of livestock waste upon the land in such a manner as to create a water pollution hazard,
    causing or allowing concentrations of ammonia nitrogen to occur in excess of water quality
    standards, failing to have adequate diversion dikes, walls or curbs to prevent excessive outside
    waters, and failure to maintain a livestock waste handling system with adequate storage.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), 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
    Breese Journal
    on
    May 4, 2000. 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. Respondent admits
    the alleged violations and agrees to pay a civil penalty of $3,500. Respondent 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 and order 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 Paul Bergmann d/b/a Paul Bergmann
    Dairy Farm, located near Bartelso, Clinton County, Illinois. The stipulation
    and settlement agreement is incorporated by reference as though fully set forth
    herein.
    2. The respondent shall pay the sum of $3,500 in two payments of $1,750. The
    first payment is due on or before July 31, 2000; the final payment shall be due
    on or before January 31, 2001. Such payment shall be made by personal check
    payable to the Illinois Environmental Protection Agency, designated to the
    Environmental Protection Trust Fund. The case number, case name, and the
    respondent’s social security number shall also be included on the check and
    should clearly indicate that payment is directed to the Environmental Protection
    Trust Fund.
    3. The checks shall 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
    Springdield, Illinois 62706
    4. Any such penalty not paid within the time prescribed 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.
    5. Respondent shall cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    IT IS SO ORDERED.
    3
    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 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 101.246, 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 22nd day of June 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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