ILLINOIS POLLUTION CONTROL BOARD
March 1, 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)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On January 26, 2007, the Board issued a final opinion and order in this matter. The final
opinion and order accepted a stipulation and proposed settlement filed by the Office of the
Attorney General, on behalf of the People of the State of Illinois (People) together with the
Highlands, LLC (Highlands). Based on the parties’ stipulation and proposed settlement, the
Board ordered the Highlands to pay a civil penalty of $9,000 within 30 days from
January 26, 2007.
On February 15, 2007, the People moved to conform the second paragraph of the Board’s
January 26, 2007 order to the stipulation, which allows the penalty to be paid in two equal
installments. The People state the counsel for respondent has no objection to the motion. The
Board grants the motion and orders the respondent to pay the civil penalty in two equal and
staggered installments, rather than in one installment by thirty days from the date of the Board’s
final opinion and order.
Accordingly, the Board modifies the January 26, 2007 order, and conforms the order to
the parties’ stipulation as set forth below.
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.
2.
The Highlands, LLC (Highlands) must pay a civil penalty of $9,000 in two
installments. The first $4,500 installment must be paid no later than April 2,
2007, which is the first business day after the 30th day after the date of this order.
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The second $4,500 installment must be paid no later than June 29, 2007, which is
the 120th day after the date of this order. Highlands must pay the civil penalty by
certified check, money order, or electronic funds transfer, payable to the Illinois
Environmental Protection Agency, designated to the Environmental Protection
Trust Fund. The case number, case name, and Highlands’ social security number
or federal employer identification number must be included on the certified check,
money order or transfer of electronic funds.
3.
The Highlands must send the certified check to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Copies of the check must be sent to:
Jane McBride
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Tom Andryk
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
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)).
5.
The Highlands 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
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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 March 1, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
