ILLINOIS POLLUTION CONTROL BOARD
January 26, 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)
OPINION AND 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) 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).
On November 14, 2006, along with the complaint, the People and the Bradshaw
respondents 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), which requires that the public have an opportunity to request a hearing
whenever the State and a respondent propose settling an enforcement action without a public
hearing.
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,
proposed settlement, and request for relief from hearing. The Board published newspaper notice
in the
Casey Reporter
on December 26, 2006; any timely hearing request was due to be filed
January 16, 2007. The Board did not receive any requests for hearing. The Board grants the
2
parties’ request for relief from the hearing requirement.
See
415 ILCS 5/31(c)(2) (2004); 35 Ill.
Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
respondents operations. Section 103.302 also requires that the parties stipulate to facts called for
by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)), which bears on the reasonableness of the
circumstances surrounding the alleged violations. The stipulation also addresses the factors of
Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil
penalty amount.
The stipulation asserts that the total amount the Bradshaw respondents expended to
achieve compliance was $93,000, involving replacement of the irrigation system with an
injection system. Under the proposed stipulation, the Bradshaw respondents neither admit nor
deny the alleged violations but agree to pay a civil penalty of $3,500.
The People and neither have satisfied Section 103.302. The Board accepts the stipulation
and proposed settlement. The Board has outlined the gist, but not the details, of the stipulation’s
contents in the order below. In summary, the Board assesses a civil penalty of $3,500.
This docket is now closed. This opinion constitutes the Board’s findings of fact and
conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement. In summary, the Board assesses a civil penalty of $3,500.
2.
The Bradshaw respondents, through their attorney of record, must pay a civil
penalty of $3,500 no later than February 26, 2007, which is the first business day
after the 30th day after the date of this order. The Bradshaw respondents, through
their attorney of record, must pay the civil penalty by certified check, money
order, or electronic funds transfer, payable to the Illinois Environmental
Protection Agency, designated for deposit into the Environmental Protection Trust
Fund. The case number, case name, and the Bradshaw respondents’ federal
employer identification number must be included on the certified check, money
order, or electronic funds transfer statement.
3.
The Bradshaw respondents, through their attorney of record, must send the
certified check, money order, or electronic funds transfer to the following address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
3
Springfield, Illinois 62794-9276
4.
The Bradshaw respondents, through their attorney of record, must send a copy of
the certified check, money order, or record of electronic funds transfer and any
transmittal letter to the following persons at the indicated address:
Jane E. McBride
Assistant Attorney General
Environmental Bureau
500 South. Second Street.
Springfield, Illinois 62702
James Day
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
6.
The Bradshaw respondents must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on January 26, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
