ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    STOECKER FARMS, INC., an Illinois
    corporation,
    Respondent.
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    PCB 06-150
    (Enforcement - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 28, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a four-count complaint against Stoecker Farms, Inc. (Stoecker
    Farms).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns
    Stoecker Farms’ swine production facility in Macoupin County.
    Under the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (2004)), the
    Attorney General and the State’s Attorneys may bring actions before the Board to enforce
    Illinois’ environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2004); 35 Ill.
    Adm. Code 103. In this case, the People allege that Stoecker Farms violated Section 12(a), (d),
    and (f) of the Act (415 ILCS 5/12(a), (d), and (f) (2004)) and 35 Ill. Adm. Code 302.203,
    304.106, 309.102(a), 501.403(a), 501.404(c)(3), 580.105, and 580.300.
    The People further allege that Stoecker Farms violated these provisions by (1) causing or
    allowing the release of livestock waste onto land so as to create a water pollution hazard; (2)
    causing, threatening, or allowing the discharge of wastewater and manure solids into an unnamed
    tributary of Cahokia Creek so as likely to create a nuisance or render those waters harmful or
    detrimental or injurious to commercial, industrial, agricultural, recreational, or other legitimate
    uses or to livestock, wild animals, birds, fish, or other aquatic life; (3) causing, threatening, or
    allowing the discharge of wastewater and manure solids containing settleable solids, floating
    debris, visible oil, grease, scum or bottom deposits, floating debris, visible oil, odor, plant or
    algal growth, color or turbidity of other than natural origin into an unnamed tributary of Cahokia
    Creek; (4) causing, threatening, or allowing the discharge of wastewater and manure solids into
    an unnamed tributary of Cahokia Creek without a National Pollutant Discharge Elimination
    System (NPDES) permit; (5) failed to maintain adequate storage capacity in livestock waste pits
    to prevent an overflow and to provide adequate diversion of surface waters from the pits; and (6)
    failing to report the release of livestock waste to State officials. The People ask the Board to
    order Stoecker Farms to cease and desist from further violation and pay a civil penalty of not
    more than the statutory maximum.
    2
    On November 27, 2006, the People and Stoecker Farms 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, Stoecker Farms admits the alleged violations, and agrees to pay a civil penalty of
    $5,000. The stipulation also contains a compliance plan, with stipulated penalties in the event
    Stoecker Farms fails to timely comply with its provisions.
    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) (2000); 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 December 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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