E C~
iv ~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S
PEOPLE OF THE STATE OF ILLINOIS,
)
NO
V
~ 2003
Complainant,
)
)
PollutionSTATE
OFILj..Control 1~
vs.
)
PCB No. 00-104
)
(Enforcement)
THE HIGHLANDS, LLC, 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.
)
)
RESPONDENT THE HIGHLANDS L.L.C.’S
ANSWER TO AMENDED COMPLAINT
COMES NOW Respondent The Highlands, L.L.C. by its attorneys,
Harrington, Tock & Royse, and, as its answer to Complainant’s Amended
Complaint, states as follows:
COUNT I
(Air Pollution
-
Odor Violations)
1. Respondent admits the allegations contained in paragraph 1.
2. Respondent admits the allegations contained in paragraph 2.
3. Respondent admits the allegations contained in paragraph 3.
4. Respondent denies that it is a limited liability corporation, but admits
all other allegations contained in paragraph 4.
I
5.
The allegations of paragraph
5
are not directed against this
Respondent and allege facts not within the knowledge of this
Respondent.
6. The Highlands admits that it owns and operates a swine facility as
alleged in paragraph 6 and that the facility’s offices are located at 1122
Knox Highway 18, Williamsfield, Illinois 61489, but denies all other
allegations contained in paragraph 6.
7.
Respondent admits that it owns and operates the property and
buildings and operates the waste water treatment facility and provides
labor for operation of the facility and denies all other allegations
contained in paragraph
7.
8. Respondent admits that the allegations contained in paragraph 8 were
true as of the date that the Amended Complaint was filed, but denies
that the allegations contained in paragraph 8 are true at this time.
9. Respondent admits the allegations contained in paragraph 9.
10. Respondent admits the allegations contained in paragraph 10.
11. Respondent admits the allegations contained in paragraph 11 were
true through December of 2002.
12. Respondent denies that waste water in the third lagoon was land
applied by a traveling gun irrigation unit, but admits all other
allegations contained in paragraph 12.
13. Respondent admits the allegations contained in paragraph 13.
2
14. Respondent admits the allegations contained in paragraph 14.
15. Respondent admits the allegations contained in paragraphl5.
16. Respondent admits the allegations contained in paragraph 16.
17. Respondent admits that it started the conversion from Bion to BioSun
on July 17, 2000, admits that the BioSun system utilizes the two large
lagoons of the original lagoon series, admits that the two small lagoons
that served as the entry point for the waste stream and the Bion system
were pumped out and taken out of operation, admits that the two
small lagoons have not been closed and that they remain available for
any future alteration of the lagoon system, but denies all other
allegations contained in paragraph 17.
18. Respondent denies the allegations contained in paragraph 18.
19. Respondent admits the allegations contained in paragraph 19.
20. Respondent admits the allegations contained in paragraph 20.
21. Respondent admits the allegations contained in paragraph 21.
22. Respondent admits the allegations contained in paragraph 22.
23. Respondent admits the allegations contained inparagraph 23.
24. Respondent admits the allegations contained in paragraph 24.
25. Respondent admits the allegations contained in paragraph 25.
26. Respondent admits the allegations contained in paragraph 26.
27. Respondent admits the allegations contained in paragraph 17.
28. Respondent denies the allegations contained in paragraph 28.
3
29. Respondent denies knowledge as to whether or not a neighbor who
lives approximately one-quarter mile from the facility is asthmatic and
denies knowledge and information sufficient to form a belief as to all
other allegations contained in paragraph 29.
30. Respondent admits that neighbors within one mile of the facility who
have complained about offensive odors lived on their property prior to
construction of the facility, admits that a tornado struck the area on
July 29, 1998, admits that one of the complainant families did not
rebuild their home in its former location, but denies all other
allegations contained in paragraph 30.
31. Respondent denies knowledge and information sufficient to form a
belief as the allegations contained in paragraph 31.
32. Respondents admits that the home of one of the complainants is
located one-quarter mile from the facility and other complainants’
homes are located approximately one mile form the facility and admits
that the regulatory setback requirement is one-quarter mile from the
facility, but denies knowledge and information sufficient to form a
belief as to all other allegations contained in paragraph 32.
33. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 33.
34. Respondent admits the allegations contained in paragraph 34.
4
35. Respondent admits that the Illinois EPA inspected the facility on April
23,1998, but denies knowledge and information sufficient to form a
belief as to all other allegations contained in paragraph 35.
36. Respondent denies that Doug Baird confirmed that a strong swine
waste odor had been produced during the start-up period, but admits
all other allegations contained in paragraph 36.
37. The Highlands denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 37.
38. Respondent admits the allegations contained in paragraph 38.
39. Respondent admits that the Illinois EPA inspected the facility on June
2, 1998, but denies knowledge and information sufficient to form a
belief as to the remaining allegations contained in paragraph 39.
40. Respondent denies that the Bion system was operating properly, but
admits the other allegations contained in paragraph 40.
41. Respondent admits the allegations contained in paragraph 41.
42. Respondent admits the allegations contained in paragraph 42.
43. Respondent admits that the Illinois EPA conducted another inspection
of the facility on June 12, 1998 and that at the time of the inspection
approximately 3,650 sows were on site, but denies knowledge and
information sufficient to form a belief as to the remaining allegations
contained in paragraph 43.
5
44. Respondent denies the Bion system was operating properly and denies
knowledge and information sufficient to form a belief as to the
allegations contained in paragraph 44.
45. Respondent admits Roy Kell resides one-quarter mile from the facility
and admits that prevailing winds in June are from the southwest, but
denies knowledge and information sufficient to form a belief as to the
allegations contained in paragraph 45.
46. Respondent admits the allegations contained in paragraph 46.
47. Respondent denies the Bion system was operating properly and denies
knowledge and information sufficient to form a belief as to the
remaining allegations contained in paragraph 47.
48. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 48.
49. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 49.
50. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 50.
51. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 51.
52. Respondent admits the allegations contained in paragraph 52.
53. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 53.
6
54. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 54.
55. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 55.
56. Respondent admits the allegations contained in paragraph 56.
57. Respondent admits the allegations contained in paragraph 57.
58. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 58.
59. Respondent admits the allegations contained in paragraph 59.
60. Respondent admits the allegations contained in paragraph 60.
61. Respondent admits the allegations contained in paragraph 61.
62. Respondent admits the allegations contained in paragraph 62.
63. Respondent denies there was a two inch frozen manure crust, denies
very strong swine waste odor, but admits all other allegations
contained in paragraph 63.
64. Respondent denies that the waste water had a very strong swine waste
odor, but admits all other allegations contained in paragraph 64.
65. Respondent admits that on December 22, 1998 the first cell of the third
lagoon contained waste water that was turbid and had a reddish color,
but denies all other allegations contained in paragraph 65.
7
66. Respondent admits that on December 22, 1998 waste water in the
second cell of the third lagoon was turbid and reddish in color, but
denies all other allegations contained in paragraph 66.
67. Respondent denies the presence of a very strong swine waste odor, but
admits all other allegations contained in paragraph 67.
68. Respondent admits that on December 22, 1998 the fourth lagoon
contained a two inch thick ice cover, but denies all other allegations
contained in paragraph 68.
69. Respondent admits the weather conditions on December 22, 1998, but
denies knowledge and information sufficient to form a belief as to all
other allegations contained in paragraph 69.
70. Respondent admits the allegations contained in paragraph 70.
71. Respondent admits the allegations contained in paragraph 71.
72. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 72.
73. Respondent admits the allegations contained in paragraph 73.
74. Respondent admits the allegations contained in paragraph 74.
75. Respondent admits that there was an ammonia odor emanating from
the lagoon system on July 30, 1999, but denies that there was a strong
waste odor experienced at each lagoon and denies knowledge and
information sufficient to form a belief as to whether or not the first
8
three lagoons in the system were anaerobic and denies all other
allegations contained in paragraph 75.
76. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 76.
77. Respondent denies knowledge and information sufficient to form a
belief as to the allegations contained in paragraph 77.
78. Respondent denies that the Bion system was operating properly on
July 30, 1999, but admits all other allegations contained in paragraph
78.
79. Respondent admits the allegations contained in paragraph 79.
80. Respondent denies the allegations contained in paragraph 80.
81. Respondent denies the allegations contained in paragraph 81.
82. Respondent admits the facility met setback requirements, but denies
the other allegations contained in paragraph 82.
83. Respondent denies the allegations contained in paragraph 83.
84. Respondent denies knowledge of what complaints are received by
IEPA and denies that the facility is causing any unreasonable
interference with the use and enjoyment of property of neighbors of
the facility.
85. Respondent denies the allegations contained in paragraph 85.
86. Respondent denies the allegations contained in paragraph 86.
9
WHEREFORE, The Highlands L.L.C. respectfully requests that the Board
enter an order in favor of The Highlands L.L.C. and against the Complainant
finding that The Highlands L.L.C. has not violated either the Environmental
Protection Act or any regulations alleged to have been violated as set forth in
Count I of the Complainant’s Amended Complaint.
COUNT II
(Water Pollution Violations)
Respondent The Highlands L.L.C. has previously filed its Answer to
Count II of Complainant’s Amended Complaint.
The Highlands L.L.C. by its
attorneys, Harrington, Tock &
Royse
By:______
Prepared by:
Jeffrey W. Tock
Harrington, Tock & Royse
201 W. Springfield Avenue
P.O. Box 1550
Champaign, IL 61 824-1550
Telephone: (217) 352-4167
10
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF TIlE
STATE
OF
ILLINOIS,
)
)
Complainant,
)
)
vs.
)
PCB
No.
00-104
)
(Enforcement)
THE HIGHLANDS,
LLC, an Illinois
limited
)
liability corporation, MURPHY FARMS, INC.,
)
a/k/a
MURPHY FAMILY
FARMS, a North
)
Carolina
corporation,
and
BION
)
TECHN0LOGrES,
INC.,
a Co’orado
)
corporation.
)
)
Respondents.
)
)
VERIFICATION
L
Douglas
BaIrd, being first duly sworn under oath, depose
e~nd
state that
the Answers of The
Highlands LLC
to the allegations contained in the
Amended Complaint are
thiC
and
accurate to
the best of my knowledge.
The Highlands
LLC.
Douglas
Baird
Subscribed and sworn before me
this 31!1~
clay
of October,
2003.
Notary
Public
(1
SUSANOFFICtALM.KELLYSEAL
I
~
NOTARY PUBLIC. STATE OF ILUNOIS ~
~.
MYCOMMISS1ON EXPIRES
BEFORE THE ILLINOIS POLLUTION CONTROL BOA1~RI~’S0~~7~7CE
NOV
PEOPLE OF THE STATE OF ILLINOIS,
)
3
STATE
OF ILLINOIS
~~~~utionC
Complainant,
)
Ofltro/ Board
)
vs.
)
PCB No. 00-104
)
(Enforcement)
THE HIGHLANDS, LLC, 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.
)
)
NOTICE OF FILING
To:
Ms. Jane E. McBride
Mr. Charles M. Gering
Assistant Attorney General
McDermott, Will & Emery
Environmental Bureau
227 West Monroe Street
5005. Second Street
Chicago, IL 60606-5096
Springfield, IL 62706
PLEASE TAKE NOTICE that I have today filed with the Office of the
Clerk of the Pollution Control Board The Highlands, LLC’s Answer to
Complainant’s Amended Complaint, a copy of which is herewith served upon
you.
October 31, 2003
Jeffrey W. Tock
Harrington, Tock & Royse
201 W. Springfield Avenue, Suite 601
P.O. Box 1550
Champaign, IL 61 824-1550
Telephone: (217) 352-4167
CERTIFICATE OF SERVICE
~Lt~’~ UH~1C~
NOv
~ 2003
STATE OF ILLINOIS
I hereby certify that I did on October 31, 2003, send by First Q~a
i~4~t’bontrojBoard
with postage thereon fully prepaid, by depositing in a United States Post Office
Box a true and correct copy of the following instruments entitled The Highlands,
LLC’s Answer to Complainant’s Amended Complaint
To:
Ms. Jane E. McBride
Assistant Attorney General
Environmental Bureau
500 S. Second Street
Springfield, IL 62706
Mr. Charles M. Gering
McDermott, Will & Emery
227 West Monroe Street
Chicago, IL 60606-5096
and the original and nine copies by First Class Mail with postage thereon fully
prepaid of the same foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph, Suite 11-500
Chicago, IL 60601
a copy was also sent by First Class Mail with postage thereon fully prepaid
To:
Mr. Brad Halloran, Hearing Officer
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph, Suite 11-500
Chicago, IL 60601
vlb/Coxnplain.jef/2003/Highlarids-AnswerAmdComplaint