RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
MAR
OF
172004
ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
POUut~onControl
Board
)
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
)
TECHNOLOGIES, INC., a Colorado
)
corporation,
)
Respondents.
)
)
RESPONDENT THE HIGHLANDS, L.L.C., ANSWER TO COUNT III OF
COMPLAINANT’S SECQND AMENDED COMPLAINT
COMES NOW the Respondent The Highlands, L.L.C. by its attorneys,
Harrington, Tock & Royse, and, for its answer to Count III of Complainant’s
Second Amended Complaint, states as follows:
1. Respondent admits the allegations contained in paragraph 1.
2-7.
Respondent restates and incorporates by reference herein it
answers to paragraphs 4 through 8 and paragraph 10 of Count I as
its answers to paragraphs 2 through 7 of this Count III.
8-16. Respondent restates and incorporates by reference herein its
answers to paragraphs 8 through 15 and paragraph 18 of Count II
as its answers to paragraphs 8 though 16 of this Count III.
17. Respondent admits the allegations contained in paragraph 17.
18 Respondent demes knowledge and information sufficient to form a
belief as to what an Illinois EPA inspector may have observed on
November 18,2003, but admits the description and condition of the.
facility was as stated on November 18, 2003.
..
19. Respondent admits the allegations contained in paragraph 19.
20. Respondent denies that a significant leak was observed along the 6
inch diameter aluminum pipe on November 18, 2003~The
Respondent admits that there was a small pond of lagoon waste
water on the surface of the field north of the aluminum irrigation
pipe. The Respondent admits that the periodic presence of water in
the field in this location has drowned volunteer plant material
Respondent denies that a leak was observed at a 90 degree elbow at
the west end of the aluminum irrigation pipe on November 18, 2003.
Respondent admits that there was a hole in the field beneath the 90
degree elbow caused by an accidental uncoupling of the aluminum
line at that point on one occasion Respndent demes all other
allegations contained in paragraph 20
21 Respondent denies knowledge and information sufficient to form a
belief as to whether or not the Illinois EPA conducted a site visit on
October 30, 2003, denies knowledge of any observation of a leak and
denies any knowledge Of observation of ponding in the application
field.
22. Respondent admits that the discharge from the PVC pipe drains east
beneath a road and enters an unnamed tributary to French Creek and
admits the PVC pipe discharges from a field tile that is connected to a
field tile that runs on the south side of Township Road 1100 North
immediately in front of the swine facility. Respondent denies
knowledge and information sufficient to form a belief as to what the
Illinois EPA inspector observed on November 18, 2003. Respondent
denies that the field tile is located in proximity to where waste water
was ponded in the application field.
23 Respondent denies knowledge and information sufficient to form a
belief as to whether or not the Illinois EPA inspector took samples of
waste water and denies knowledge and information sufficient to form
a belief as to where such samples where taken if they were taken.
•Respondent admits that it has received copies of lab analyses of water
samples and that those values are as stated in paragraph 23
24: Respondent denies the allegations contained in paragraph 24.
25 Respondent denies the allegations contained in paragraph 25
26. Respondent denies the allegations contained in paragraph 26.
WHEREFORE, Respondent prays for a ruling in its favor and against the
Complainant on Count III.
~J~T~/TockI
Attorney
Prepared by:
Jeffrey W. Tock
Harrington, Tock & Royse
201 W. Springfield Avenue
P.O. Box 1550
Champaign, IL 61824-1550
Telephone: (217) 352-4167
PEOPLE OF THE STATE OF ILLINOIS,
vs.
Complainant,
)
)
)
)
)
)
)
)
)
)
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.
To:
Ms. Jane E. McBride
Assistant Attorney General
Environmental Bureau
500 S. Second Street
Springfield, IL 62706
•
RECEIVED
•CLERK’S OFFICE
STATE OF ILLINOIS
Pollution Control Board
)
)
)
Mr. Charles M. Gering
McDermott, Will & Emery
227 West Monroe Street
Chicago, IL 60606-5096
Jeffrey W. Tock
•
Harrington, Tock & Royse
201 W. Springfield Avenue, Suite 601
P.O. Box 1550
Champaign, IL 61824-1550
Telephone: (217) 352-4167
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD MAR
172004
PCB No. 00-104
)
(Enforcement)
NOTICE OF FILING
PLEASE TAKE NOTICE that I have today filed with the Office of the
Clerk of the Pollution Control Board Respondent The Highlands, L.L.C., Answer
To Complainant’s Second Amended Complaint, a copy. of which is herewith
served upon you.
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1
/
J fy
March 15 2004
To:
Ms. Jane E. McBride
Assistant Attorney General
Environmental Bureau
500 S. Second Street
Springfield, IL 62706
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph, Suite 11-500
• •
Chicago, IL 60601
To:
Mr. Brad Holloran, Hearing Officer
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph, Suite 11-500
Chicago, IL 60601
• RECEIVED
•CLERK’S OFFICE
MAR 172004
vlb/Complain.jef/2003/Highlands-Answer2ndAC
CERTIFICATE OF SERVICE
STATE OF ILLINOIS
Pollution Control Board
I hereby certify that I did on March 15, 2004, send by First Class Mail, with
postage thereon fully prepaid, by. depositing in a United States Post Office Box a
true and correct copy of the following instruments entitled Respondent The
Highlands, L.L.C., Answer To Complainant’s Second Amended Complaint
and the original and four copies by First Class Mail with postage thereon fully
prepaid of the same foregoing instrument(s):
a copy was also sent by First Class Mail with postage thereon fully prepaid
Mr. Charles M. Gering
McDermott, Will & Emery
227 West Monroe Street
.
Chicago, IL 60606-5096
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