ILLINOIS POLLUTION CONTROL BOARD
    November 16, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BRADSHAW ENTERPRISES, LLC, an
    Illinois limited liability corporation, and
    BRIAN BRADSHAW, individually,
    Respondents.
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    PCB 07-35
    (Enforcement -Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 14, 2006, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a three-count complaint against Bradshaw Enterprises, LLC,
    an Illinois limited liability corporation, and Brian Bradshaw, individually (collectively,
    Bradshaw respondents).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The
    complaint concerns a December 2003 hog waste release to an unnamed tributary of Mount
    Branch, tributary of North Fork of the Embarrass River, resulting in a fish kill. The facility is a
    1,000 sow farrow-to-wean hog production facility in the southwest quarter of Section 15,
    Township9 North, Range 14 West, in Clark County.
    The People allege that the Bradshaw respondents violated Sections 12(a), (d), and 12(f)
    of the Environmental Protection Act (Act) (415 ILCS 5/12(a),(d), and (f)(2004)) and the Board’s
    water regulations at 35 Ill. Adm. Code 302.203, 302.212(a), and 501.405. The People further
    allege that the Bradshaw respondents violated these provisions by causing or allowing water
    pollution, creation of a water pollution hazard, violating water quality standards for total
    ammonia nitrogen and offensive conditions and release of a waste from a point discharge into
    waters of the State without applying for and obtaining a permit under the National Pollutant
    Discharge and Elimination System (NPDES). The People ask the Board to order the Bradshaw
    respondents to cease and desist from further violation and to pay a civil penalty in accordance
    with statute.
    Along with the complaint, on November 14, 2006, the People and the Bradshaw
    respondents also filed a stipulation and proposed settlement, accompanied by a request for relief
    from the hearing requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2004)). This
    filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2004)).
    See
    35 Ill.
    Adm. Code 103.300(a). Under the proposed stipulation, the Bradshaw respondents neither admit
    nor deny the alleged violations, but agree to pay a civil penalty of $3,500.
    2
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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