ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2001
    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)
    OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
    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 Environmental Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)). The stipulation
    involved a settlement reached with only one respondent, Bion Technologies, Inc. (Bion).
    Pursuant to Section 31(c)(2) of the Act, the Board, by order of December 7, 2000,
    caused publication of the required newspaper notice of the stipulation and proposal for
    settlement and request for relief from the hearing requirement. The Board did not receive any
    requests for hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. In its complaint, the complainant alleged that the Bion caused or allowed violation of
    various air pollution regulations through the design of the livestock waste management system
    utilized at the 3,650 sow farrow-to-wean facility located south of Williamsfield in Elba
    Township, Knox County, Illinois.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Bion does not
    admit responsibility for any of the alleged violations in the complaint, but nevertheless agrees
    to pay a total civil penalty of $9,000. Bion 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 constitutes the Board’s findings of fact and conclusions of law in this
    matter.
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    ORDER
    1.
     
    The Board hereby accepts the stipulation and proposal for settlement executed by
    the People of the State of Illinois and Bion Technologies, Inc., regarding a facility
    located in Knox County, Illinois. The stipulation and proposal for settlement is
    incorporated by reference as if fully set forth herein.
     
    2.
     
    Bion shall pay the sum of $9,000 within 30 days of the date of this order. Such
    payment shall be made by certified check or money order payable to the Treasurer
    of the State of Illinois, designated to the Environmental Protection Trust Fund. The
    case number, case name, and Bion’s federal employer identification number
    (841127428) shall also be included on the check or money order.
     
    3.
     
    The check or money order 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
    Springfield, Illinois 62706
    4.
     
    Bion shall cease and desist from the alleged violations.
    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 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 101.520, Motions for Reconsideration.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 4th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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