ILLINOIS POLLUTION CONTROL BOARD
    August 22, 2002
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    THE HIGHLANDS, LLC, and MURPHY
    FARMS, INC. (a division of MURPHY
    BROWN, LLC and SMITHFIELD FOODS,
    INC.),
     
    Respondents.
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    PCB 00-104
    (Enforcement – Air, Water)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On August 20, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count amended complaint against The Highlands, LLC,
    and Murphy Farms (a division of Murphy Brown, LLC and Smithfield Foods, Inc.)
    (respondents).
    See
    415 ILCS 5/31(c)(1) (2000),
    as amended by
    P.A. 92-0574, eff. June 26,
    2002; 35 Ill. Adm. Code 103.204. The People allege that respondents violated Sections 9(a),
    and 12(a), (d), and (f) of the Act (415 ILCS 5/9(a), 12(a), (d), (f) (2000),
    as amended by
    P.A.
    92-0574, eff. June 26, 2002), and 35 Ill. Adm. Code 501.402(c)(3) and 501.405(a). The
    People further allege that respondents violated these provisions by causing or allowing the
    emission of offensive odors, and causing or allowing the discharge of livestock waste to a
    tributary of French creek without a National Pollutant Discharge Elimination System permit so
    as to create a water pollution hazard. The complaint concerns respondents’ swine facility
    located just south of Williamsfield in Elba Township, Knox County.
     
    The People moved for leave to file the amended complaint on August 20, 2002.
    Pursuant to the Board’s procedural rules, complaints must include notice to respondents that
    failure to answer the complaint may have severe consequences.
    See
    35 Ill. Adm. Code
    103.204(f). The notice is especially important here, as respondents did not answer the original
    complaint. It is not clear from the record in this matter that the amended complaint included
    this notice to respondents. Upon proof that respondents were served with this notice, the
    hearing officer is directed to rule on the motion.
    See
    35 Ill. Adm. Code 103.212(c).
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on August 22, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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