Lisa Madigan
RI"1'ORNHY(FENERAI,
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a Notice of Filing, Entry of
Appearance and Complaint in regard to the above-captioned matter . Please file the originals and
return file-stamped copies to me in the enclosed, self-addressed envelope .
Thank you for your cooperation and consideration .
Very truly yours,
Gr\IGINAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R . Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Re : People v. J. B. Timmermann Farms, Ltd.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
January 25, 2007
nnifer Bonkowski
nvironmental
ntal BureauBureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVEDCLERK'S
OFFICE
JAN 2 9 2007
Pollution
STATE OF
Control
ILLINOISBoard
1001 Fast Main, Carbundulc . Illinois 62901 • (618) .529-6400 • 71Y (618) 529-640.3 • Fax : (618) 529-6416
JB/pp
Enclosures
500 South Second Strcct, Springfield, Illinois 62706
• (217) 782-1090 • TTY: (217) 785-2771 •
Fax ; (217) 782-7046
1011 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000 • TTY: (312) 814-3374
•
Fax : (312) 814-3806
BEFORE
ORIGINAL
THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No . 01'
IO
(Enforcement - Water)
J. B. TIMMERMANN FARMS,
LTD.,
)
an Illinois corporation,
)
Respondent .
)
To:
David A
. Oldfield, R .A.
J. B. Timmermann Farms, Ltd .
303 S . 7t' Street
Vandalia, IL 62471
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached hereto and
herewith served upon you
. Failure to file an answer to this Complaint within 60 days may have
severe consequences
. Failure to answer will mean that all allegations in this Complaint will be
taken as if admitted for purposes of this proceeding
. If you have any questions about this
procedure, you should contact the hearing officer assigned to this proceeding, the Clerk's Office
or an attorney
.
NOTICE OF FILING
1
RECEIVEDCLERK'S
OFFICE
JAN 2 9 2007
Pollution
STATE OF
Control
ILLINOISBoard
FURTHER,
please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 3515/1 (2004), to correct the pollution alleged in
the Complaint filed in this case
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: January 25, 2007
2
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
'I vision
l1, /. . a/ A i'S ,~
NNIF BONKOWSKI
ssistan Attorney General
nvironmental Bureau
BY:
O R I
'
GI
N A L
RECEIVEDCLERK'S
OFFICE
CERTIFICATE OF SERVICE
JAN 2 9 2007
I hereby certify that I did on January 25, 2007, send by certified mail, with
Pollution
STATE
postageOFControl
ILLINOISBoard
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy
of the following instruments entitled NOTICE OF FILING, ENTRY OF APPEARANCE and
COMPLAINT:
To:
David A . Oldfield, R .A .
J . B. Timmermann Farms, Ltd .
303 S . 7`h Street
Vandalia, IL 62471
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s) :
To :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Je er Bon ow ski
As
taut Att rney General
This filing is submitted on recycled paper
.
'6'
L
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S
RECEIVEDOFFICE
PEOPLE OF THE STATE OF
)
JAN 2 9 2007
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs .
)
PCB No . o1 _-7 0
(Enforcement - Water)
J .
B. TIMMERMANN FARMS, LTD .,
)
an Illinois corporation,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, JENNIFER
BONKOWSKI, Assistant Attorney General of the State of Illinois, hereby enters her appearance
as attorney of record
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : January 25, 2007
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Li gation Division
.Il/1 _ ._v~A1
,L
JEE FERB&NKOWSKI
E
ronmen I Bureau
Assistant Attorney General
BY
:
O R I G I N A L
RECEIVEDCLERKS
OFFICE
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS, ex rel
. LISA MADIGAN, Attorney General of
the State of Illinois, on her own motion and at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complain of the Respondent, J
. B. TIMMERMANN FARMS, LTD ., an
Illinois corporation, as follows
:
COUNTI
WATER POLLUTION
1 .
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms and
provisions of Section 31 of the Illinois Environmental Protection Act
("Act"), 415 ILCS 5/31 (2004) .
2.
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2002), and charged
inter alia, with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board")
.
3 .
J . B. Timmermann Farms, LTD
. ("Timmermann Farms") is an Illinois corporation in
good standing
. Timmermann Farms owns and operates a dairy operation ("site") that houses
approximately 675 milking cows, located on the north side of Highline Road, in Section 28 of
1
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
JAN 2 9
2007
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution
STATE OF
Control
ILLINOISBoard
Complainant,
)
V.
)
PCB No . 07 "1D
J. B. TIMMERMANN FARMS, LTD.
)
(Water-Enforcement)
an Illinois corporation,
)
Respondent .
)
Breese Township, Clinton County, Illinois
. David Timmermann is the corporate president of
Timmermann Farms .
4 .
Section 12 of the Act, 415 ILCS 5/12 (2004), provides, in pertinent part, as follows
:
No person shall :
(a)
Cause or threaten or allow the discharge of any contaminants into
the environment in any State so as to cause or tend to cause water
pollution in Illinois, either alone or in combination with matter from
other sources, or so as to violate regulations or standards adopted
by the Pollution Control Board under this Act .
(d)
Deposit any contaminants upon the land in such place and manner
so as to create a water pollution hazard ;
(f)
Cause, threaten or allow the discharge of any contaminant into the
waters of the State, as defined herein, including but not limited to,
waters to any sewage works, or into any well or from any point
source within the State, without an NPDES permit for point source
discharges issued by the Agency under Section 39(b) of this Act, or
in violation of any term or condition imposed by such permit, or in
violation of any NPDES permit filing requirement established under
Section 39(b), or in violation of any regulations adopted by the Board
or of any order adopted by the Board with respect to the NPDES
program .
5 .
Section 3
.545 of the Act, 415 ILCS 5/3 .545 (2004), provides the following definition
:
"Water pollution" is such alteration of the physical, thermal, chemical,
biological or radioactive properties of any waters of the State, or such
discharge of any contaminant into any waters of the State, as will or is likely
to create a nuisance or render such waters harmful or detrimental or
injurious to public health, safety or welfare, or to domestic, commercial,
industrial, agricultural, recreational, or other legitimate uses, or to livestock,
wild animals, birds, fish, or other aquatic life .
6 .
Section 3 .165 of the Act, 415 ILCS 5/3
.165 (2004), provides the following definition :
"Contaminant" is any solid, liquid, or gaseous matter, any odor, or any form
of energy, from whatever source .
2
7.
The federal Clean Water Act regulates the discharge of pollutants from a point
source into navigable waters and prohibits such point source discharges without an NPDES permit
.
The United States Environmental Protection Agency ("USEPA") administers the NPDES program
in each State unless the USEPA has delegated authority to do so to that State
. The USEPA has
authorized the State of Illinois to issue NPDES permits through the Illinois EPA in compliance with
federal regulations .
8 .
Section 302 .203 of the Board's Water Pollution Regulations, 35 III
. Adm . Code
302.203, prohibits offensive conditions in waters of the State
:
Waters of the State shall be free from sludge or bottom deposits,
floating debris, visible oil, odor, plant or algal, color or turbidity of
other than natural origin . . . .
9 .
Section 302.206
of the Board's Water Pollution Regulations, 35 III
. Adm . Code
302.206, provides as follows :
Dissolved oxygen (STORET number 00300) shall not be less than 6 .0 mg/I
during at least 16 hours of any 24 hour period, nor less than 5
.0 mg/I at any
time .
10.
On August 30, 2004, the Illinois EPA received a complaint regarding livestock waste
discharging into Shoal Creek . In response to that complaint, the Illinois EPA followed the flow of
livestock waste for five miles, to a culvert at the intersection of Highline Road and Drive-In Road
in Section 28 of Breese Township in Clinton County . Dissolved oxygen readings taken along the
five-mile stretch of creek containing the livestock waste were below 5 mg/I
.
11 .
On September 1, 2004, the Illinois EPA conducted an inspection at the site to
determine whether the livestock wastes were originating from the site . On that day, at the
intersection of Highline and Drive-In Roads, water was very dark in color discharging through the
roadway culvert . The water coming from the roadside ditch on the north side of Highline road was
also dark in color . The flow of livestock waste was traced back to the Timmerman Farms site
.
3
12.
On or before September 1, 2004, a lagoon on site had overflowed subsequent to
rainfall .
13 .
On September 1, 2004, livestock building roofs on site did not have guttering
.
Curbing to divert stormwater away from the feedlot areas was not present
.
14 .
On September 1, 2004, the single-stage lagoon on site had no freeboard, and
livestock wastes were still discharging from the northwest corner of the lagoon
. The adjacent farm
field was saturated with livestock wastes, and the wastes were flowing into a ditch along the access
road
. The ditch was discharging into the earthen swale, that discharges into a roadside ditch on
Drive-In Road .
15.
On September 1, 2004, discolored water in the ditch upstream of the lagoon was
present
. The flow of discolored water could be traced to the east
. Leachate from a silage bunker
was also discharging into the ditch along the access road
. Curbing along the silage bunker to
prevent runoff was not present .
16
.
On September2, 2004, Timmerman Farms submitted an incident report concerning
a lagoon overflow to Illinois EPA
.
17. On September 2, 2004, the Illinois EPA inspected the site
. Brown to black
discolorations and turbidity were present in the Grassy Branch of Shoal Creek
. Dissolved oxygen
readings taken by the Illinois EPA found levels below 5 mg/I at five locations
.
18.
On September 14, 2004, the Illinois EPA again inspected Grassy Branch
. Again,
black colorations and turbidity were present
. Dissolved oxygen readings taken by the Illinois EPA
demonstrated levels below 5 mg/I at five locations
.
19.
On October 27, 2004, the Illinois EPA issued a Violation Notice
("VN") letter to
Timmermann Farms, noting the violations
. Timmermann Farms did not respond to the VN
.
20 .
On February 14, 2005, the Illinois EPA issued a Notice of Intent to Pursue Legal
4
Action ("NITPLA") letter to Timmermann Farms
. The Illinois EPA then held a NITPLA meeting with
Mr. Timmermann on March 2, 2005
. At that time, Timmerman Farms did not have an NPDES
permit for the site .
21
.
Shoal Creek is a water of the State
.
22 .
Lagoon waste is a contaminant .
23.
Commencing on some date on or before September 1, 2004, and continuing until
a date better known to Respondent, the Respondent caused or allowed the discharge of lagoon
waste into waters of the State so as to cause or tend to cause water pollution by creating a
nuisance .
24 .
By so causing and threatening to cause water pollution, and by violating the water
quality standard of Section 302 .203 of the Board's Water Pollution Regulations, 35 III
. Adm . Code
302.203,
and the dissolved oxygen level standard of Section 302.206
of the Board's Water
Pollution Regulations, 35 III . Adm . Code 302
.206, the Respondent has violated Section 12(a) of the
Act, 415 ILCS 5/12(a) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondent, J
. B
. TIMMERMANN FARMS, LTD .,
an Illinois limited liability company :
A .
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein ;
B .
Finding that Respondent has violated the Act and regulations as alleged herein
;
C .
Ordering Respondent to cease and desist from any further violations of the Act and
associated regulations
;
5
D .
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000) for
each violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for each day
during which each violation has continued thereafter
; and
E .
Granting such other relief as the Board may deem appropriate
.
COUNTII
DISCHARGING WITHOUT AN NPDES PERMIT
1-22 .
Complainant realleges and incorporates herein by reference paragraphs 1 through
22 of Count I as paragraphs 1 through 22 of this Count II .
23.
Section 309
.102(a) of the Board's Water Pollution Regulations, 35 III
. Adm . Code
309
.102(a), requires an NPDES permit :
Except as in compliance with the provisions of the Act, Board regulations,
and the CWA [Clean Water Act], and the provisions and conditions of the
NPDES permit issued to the discharger, the discharge of any contaminant
or pollutant by any person into the waters of the State from a point source
or into a well shall be unlawful
.
24 .
Section 12(f) of the Act, 415 ILCS 5/12(f) (2004), provides that no person shall
cause, threaten, or allow the discharge of any contaminant into the waters of the State without an
NPDES permit for point source discharges issued by the Illinois EPA
.
25.
On or before September 1, 2004, through at least March 2, 2005, Timmerman
Farms did not have an NPDES permit for the site
.
26 .
By causing or allowing or threatening the discharge of contaminants into waters of
the State without an NPDES permit, the Respondent has violated Section 12(f) of the Act, 415
ILCS 5/12(f) (2004), and Section 309
.102(a) of the Board's Water Pollution Regulations, 35 III
.
Adm
. Code 309 .102(a) (2004)
.
6
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondent, J
. B
. TIMMERMANN FARMS, LTD .,
an Illinois limited liability company :
A .
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein
;
B .
Finding that Respondent has violated the Act and regulations as alleged herein
;
C.
Ordering Respondent to cease and desist from any further violations of the Act and
associated regulations;
D .
Assessing against Respondent a civil penalty of up to ten thousand dollars ($10,000)
per day of violation
; and
E.
Granting such other relief as the Board may deem appropriate
.
COUNTIII
WATER POLLUTION HAZARD
1-22 .
Complainant realleges and incorporates herein by reference paragraphs 1 through
22 of Count I as paragraphs 1 through 22 of this Count III
.
23.
The Respondent caused or allowed lagoon waste to remain on the property adjacent
to the facility, in close proximity to the Grassy Branch of Shoal Creek, for a period of several days
beginning on or before September 1, 2004, through a date better known to Respondent
. In so
doing, the Respondent caused or allowed contaminants to be deposited upon the land in such
place and manner as to create a water pollution hazard through its proximity to the Grassy Branch
of Shoal Creek.
24.
Section 501
.403(a) of the Board's Water Pollution Regulations, 35 III . Adm
. Code
501
.403(a), provides as follows :
7
a)
Existing livestock
management facilities and
livestock waste-
handling facilities shall have adequate diversion dikes, walls or curbs
that will prevent excessive outside surface waters from flowing
through the animal feeding operation and will direct runoff to an
appropriate disposal, holding or storage area
. The diversions are
required on all aforementioned structures unless there is negligible
outside surface water which can flow through the facility or the runoff
is tributary to an acceptable disposal area or a livestock waste-
handling facility
. If inadequate diversions cause or threaten to cause
a violation of the Act or applicable regulations, the Agency may
require corrective measures .
25.
Section 501
.404(c)(3) of the Board's Water Pollution Regulations, 35 III
. Adm . Code
501 .404(c)(3), provides as follows :
(c)(3)
The contents of livestock waste-handling facilities shall be kept at
levels such that there is adequate storage capacity so that an
overflow does not occur except in the case of precipitation in excess
of a 25-year 24-hour storm
.
26
. By depositing contaminants upon the land in such place and manner as to create
a water pollution hazard via its failure to keep livestock waste levels at its facility such that there
is adequate storage capacity, and through its failure to have adequate dikes, walls, or curbs to
prevent excessive outside surface water flow, the Respondent has violated Section 12(d) of the
Act, 415 ILCS 5/12(d) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondent, J . B
. TIMMERMANN FARMS, LTD .,
an Illinois limited liability company
:
A.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein ;
B.
Finding that Respondent has violated the Act and regulations as alleged herein
;
C .
Ordering Respondent to cease and desist from any further violations of the Act and
associated regulations;
8
D.
each violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for each day
during which each violation has continued thereafter
; and
E .
Of Counsel
JENNIFER BONKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/782-9031 ,
Dated : //) >
A" 7
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000) for
Granting such other relief as the Board may deem appropriate
.
Respectfully submitted,
9
PEOPLE OF THE STATE OF ILLINOIS,
ex rel .
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
