ILLINOIS
POLLTION
CONTROL
BOARD
October
3,
1972
ENVIRONMENTAL
PROTECTION
AGENCY
~B
72-198
HIGH
LAKE
POLLTRY,
INC.
OPINION
AND ORDER
OF
THE
BOARD
(by
Mr.
Dumelle)
The
Complaint
in this
enforcement
action
alleged
that
during
the period
beginning
June
10,
1971
and
continuing
thru
the
date
of
the hearing
in this
matter
High
Lake
constructed
and was
operating
its
waste
water
treatment
facilities
located
near
West
Chicago,
DuPage
County,
Illinois
without
first
obtaining
a
valid permit
from
the
Agency,
in
violation
of
Section
12(b)
of the
Environmental
Protection
Act.
It
was
further
alleged
that
since
January
22,
1971,
High
Lake
operated
those
treatment
facilities
without
employing
an operator
certified
by
the
Agency,
in
violation
of
Rule
1.
02
of the
Sanitary
Water
Board
Rules
and
Regulations
Number
2 in
effect
by
Section
49(c)
of the
Act.
High
Lake filed
an
Answer
admitting
the
allegations
hut
at
the
same
time
pleading
circumstances
in mitigation
of
the
violations.
On
August
8,
1972,
a
hearing
was
held
wherein
High
Lake
again
admitted
to
the
alleged
violations
and then presented
evidence
in
mitigation.
The
evidenc
indicates
that
in
1965
High
Lake
made
application
for
a building
permit
for
its
processing
plant
on
the premises.
The
DuPage
County
Building
Department
in
conjunction
with
the
DuPage
County
Health
Department
and the
Illinois
Sanitary
Water
Board
required
that
the
company
build
a
sewage
or
waste
disposal
system
on
its
property
prior
to the
issuance
of
the permit.
High
Lake
hired
a
company
to
do
the
construction
which
was
completed
at a
cost
of
around
$16,
000.
The
new
facility
treated
the
wastes
in
a basin
from
which
the
fluid
was
gravity
fed
into
a pond
for
further
treatment
and
from
there
it
emptied
into
Kress
Creek,
a tributary
to
the
DuPage
River.
The
treatment
facility,
while
approved
by
all
of
the
above-mentioned
departments,
never
worked
properly.
Regular
tests
taken
by
the
Sanitary
Water
Board
showed
an
extremely
high
ROD.
In
order
to
correct
this
problem,
High
Lake
employed
an
engineer
who
prepared
plans
for
a new
-2-
system.
The plans
were
then submitted
to the
Sanitary
Water
Board
for
approval.
However,
there
was
no
guarantee
that
the
new
system
would
lower
the
BOD to
the
legal
limit.
On October
8,
1969,
the
Water
Board
issued
a permit
authorizing
construction
as
per
the plans.
About
this
time,
High
Lake
was
also
contem-
plating
building
a new
addition
to their
existing
plant.
The
DuPage
County
Building
Department
would
not
issue
a permit
for
construction
of
the
addi-
tion
unless
a
cash
bond
of
$10,
000 was
posted
to guarantee
that
the proposed
treatment
facilities
would
reduce
the
ROD to the
legal
limit.
There
was
no
way,
however,
that
such
guarantee
could be
made.
in the
summer
of
1970,
a
development
company
announced
plans
to
build
multiple
dwellings
in the
area
which
would
require
the
extension
of
sewers
to
a
point
across
the
street
from
High
Lake.
High
Lake
began
negotiations
with the
City
of West
Chicago
for
the
purpose
of
annexing
and
connecting
into
the
City!s
sewage
treatment
facilities.
On
July
8,
1970,
High
Lake
sent
a letter
to
the
Illinois
Environmental
Protection
Agency
(Agency)
notifying
it
of the
negotiations.
On
October
2,
1970,
the
Agency
responded
by letter,
specifically
encouraging
High
Lake7s
efforts
to
connect
into
the
West
Chicago
system
and requesting
that
it
be informed
of
all
developments.
On November
19,
1970,
High
Lake
confirmed
with
the
developer
an
agree-
ment
to tie
into
the
sewers.
In
April,
1971,
formal
petition
for
annexation
along
with a
copy
of the
Annexation
Agreement
was
submitted
to West
Chicago
by
High
Lake.
On April
9,
1971,
High
Lake
received
a memorandum
from
the
Illinois
Department
of
Agriculture
requiring
full
compliance
with their
standards
on or
before
June
15,
1971.
The
violation
specifically
was
that
inadequate
employee
toilet
and
welfare
facilities
which,
incidently,
was
exactly
what
the
proposed
new
addition
to
the
plant
would
have
corrected.
At that
point
High
Lake
found
itself
in the
predicament
of
being
required
by
the
Agriculture
Department
to
construct
certain
employee
facilities
but
also
being
required
by
the
DuPage
County
Building
Department
to post
a
cash bond
of
$10,
000
to guarantee
the
success
of its
waste
water
treatment
before
it
would
issue
a permit
to
construct
those
employee
facilities.
To further
complicate
the
situation,
High
Lake
was
advised
by
the
Agency
on
April
30,
1971
that
West
Chicago,
with
whom
it
was
seeking
annexation,
was
having
a
sewage
treatment
problem.
Subsequently,
after
consultation
with the
DuPage
County authorities
and the
Department
of Agriculture,
High
Lake
agreed
to
start
construction
on~itsown
sewage
treatment
facility,
make
application
to the
DuPage
County
Building
Depart-
ment
for
the
issuance
of
a building
permit
and
advise
the
City
of
West
Chicago
5
—
576
—3—
of
the
abandonment
of
the
annexation
proceedings.
High
Lake
followed
through
on this
program
and
on
May
20,
1971
received
notice
from
the
Building
Department
that the
permit
would issue
but
with
the
provision
that
occupancy
would
be
denied
until
such
time
as
the
sewage
treatment
improvements
were
under
construction.
On June
11,
1971,
High
Lake
received
notice
from
the
Agency
that
it
was
in violation
because
of the
construction
without
a
state
permit.
Permit
application
was
then
made
but
was
denied.
On
June
28,
1972,
another
application
for permit
was
filed with
the
Agenc~r.
High
Lake
now
has
a
certified
operator
for
the
waste
treatment
facility.
We
find
that
the
violations
did
occur
as
alleged.
Under
these
circumstances
we find that
appropriate
penalties
for
the
violations
would
he
$2000 for
constructing
and operating
without
a permit
and $500
for
not
having
a certified
operator.
This
opinion
constitutes
the
Board~sfindings
of fact
and conclusions
of
law.
ORDER
1.
High
Lake
Poultry,
Inc.
shall
cease
and desist
from
all
violations
found
i.n this
opinion
and in
particular
shall
obtain
from
the
Agency
a
permit
for
the
operation
of
its
waste
treatment
facilities
within
90
days
of
the
date
of this
order.
2.
High
Lake
Poultry,
Inc.
shall
pay to the
State
of
Illinois
by
November
15,
1972
as
a penalty
for
the
violations
found
in this
proceeding
the
sum
of
~2500.
Penalty
payment
by
certified
check
or
money
order
payable
to
the
State
of
illinois
shall
be made
to:
Fiscal
Services
Division,
Illinois
Environmental
Protection
Agency,
2200
Churchill
Drive,
Springfield,
Illinois
62706.
I,
Christan
L.
Moffett,
Clerk
of
the
Illinois
Pollution
Control
Board,
hereby
certify
the
above
Opinion
and Order
was
adopted
on
the
~
~‘
‘~dayof
()ctoher~ 1972
by
a vote
of
__________________
~
~
Christan
L.
Moffeft,
CYerk
Iflinois
Co11ut~on
Control
Board