ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    THE HIGHLANDS, L.L.C., an Illinois limited
    liability corporation, MURPHY FARMS, INC.
    a/k/a MURPHY FAMILY FARMS, a North
    Carolina corporation, and BION
    TECHNOLOGIES, INC., a Colorado
    corporation,
    Respondents.
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    PCB 00-104
    (Enforcement – Air)
    ORDER OF THE BOARD (by E.Z. Kezelis):
    A complaint in the above captioned matter was filed on December 21, 1999. The
    complaint alleges that the respondents violated specified provisions of the Environmental
    Protection Act (Act) (415 ILCS 5/1
    et seq
    . (1998)). The complaint alleges that air pollution
    violations occurred at a 3,650 sow farrow-to-wean facility located south of Williamsfield in Elba
    Township, Knox County, Illinois. The complaint alleges that the livestock waste management
    system utilized by the facility was designed by Bion Technologies, Inc. (Bion).
    On November 21, 2000, the complainant filed a stipulation and proposal for settlement
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)). The stipulation and proposal for settlement involves a
    settlement reached with Bion only.
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. 415 ILCS 5/31(c)(2) (1998). Unless the Board determines that a hearing is needed,
    the Board is required to publish notice of the stipulation and proposal for settlement and request
    for relief from the hearing requirement.
    Accordingly, the Board directs the Clerk of the Board to cause publication of the required
    newspaper notice for the stipulation and proposal for settlement and request for relief from the
    hearing requirement. Any person may file a written demand for hearing within 21 days of the
    published notice. If a hearing is requested, the Board will deny the request for relief and
    schedule a hearing.
    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 7th day of December 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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