ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    THE HIGHLANDS, L.L.C., and MURPHY
    FARMS INC. (a division of MURPHY
    BROWN, LLC, a North Carolina limited
    liability corporation, and SMITHFIELD
    FOODS, INC., a Virginia corporation),
    Respondents.
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    PCB 00-104
    (Enforcement – Water)
    ORDER OF THE BOARD (by N.J. Melas):
    On February 18, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a second amended complaint against The Highlands, LLC
    (Highlands), and Murphy Farms, Inc.
    1
    (Murphy Farms) (collectively, respondents).
    See
    35 Ill.
    Adm. Code 101.516. The Board granted the People leave and accepted the second amended
    complaint for hearing on May 6, 2004.
    The People allege in the three-count second amended complaint that respondents violated
    Sections 9(a) and 12(a), (d), and (f) of the Environmental Protection Act (Act) and Section
    501.405(a) of the Board’s agriculture regulations (415 ILCS 5/9(a) and 12(a), (d), and (f); 35 Ill.
    Adm. Code 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 (NPDES) 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.
    On December 20, 2006, the People and the Highlands 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 Highlands admits that it caused or allowed unreasonably offensive odors in 1999,
    2000, 2002, and 2003, as alleged in the second amended complaint. The Highlands further
    admits that it caused or allowed a release of livestock waste from the facility on June 18, 2002.
    The Highlands denies all other alleged violations in the second amended complaint. In addition
    1
    Murphy Farms, Inc. is a division of Murphy Brown, LLC, a North Carolina limited liability
    corporation, and Smithfield Foods, Inc., a Virginia corporation.
    2
    to approximately $116,320 in compliance costs, and a fish kill claim of $1,114.51 already paid
    by Highlands, the Highlands agrees to pay a civil penalty of $9,000.
    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 January 4, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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