Lisa Madigan
N1 IOPNFI GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Dear Clerk Gunn :
Enclosed for filing please find the original and one copy of a Notice of Filing, Motion for
Relief from Hearing Requirement and Stipulation and Proposal for Settlement in regard to the
above-captioned matter
. Please file the originals and return file-stamped copies to me in the
enclosed envelope
.
Thank you for your cooperation and consideration
.
Very truly yours,
Jane E . McBride
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JEM/pp
Enclosures
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
January 19, 2007
Re:
People v
. Pinnacle Genetics,
LLC, et al.
PCB No. 07-29
RECEIVEDCLERK'S
OFFICE
JAW
2 2 2007
STATE OF ILLINOIS
Pollution Control Board
t .
500 South Second Street, Springfield, Illinois 62706
• (217) 782-1090 • TTY
: (217) 785-2771 • Fax
: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000
• TTY: (312) 814-3374 • Fax
: (312) 814-3806
1001 East Main, Carbondalc, Illinois 62901 • (618) 529-6400 •
TTY: (618) 529-6403 • Fax . (618) 529-6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERKS OFFICE
Complainant,
Jnfr
2 2 2OU?
STATE OF
ILLINOIS
v.
)
PCB No . 07-29
Pollution Control Board
(Enforcement)
PINNACLE GENETICS, LLC,
an Illinois
)
limited liability corporation, and
)
PROFESSIONAL SWINE MANAGEMENT,
)
LLC, an
Illinois limited liability corporation,
)
Respondent
.
)
NOTICE OF FLING
To:
Doug Groth, DVM
K .T. Wright, DVM
Professional Swine Management, LLC
Pinnacle Genetics, LLC
P.O . Box 220
Blandinsville Veterinary Clinic
Carthage, IL 62321
R.R. 1
Blandinsville, IL 61420
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 MOTION FOR RELIEF FROM HEARING REQUIREMENT
and STIPULATION AND PROPOSAL FOR SETTLEMENT, copies of which are attached hereto
and herewith served upon you .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J
. DUNN, Chief
Environmental Enforce men UAsbestos
Litigation Division
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : January 19, 2007
BY-
._..
J
L
JANE E . McBRIDE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on January 19, 2007, send by First Class Mail, with postage
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, MOTION FOR RELIEF FROM
HEARING REQUIREMENT and STIPULATION AND PROPOSAL FOR SETTLEMENT
:
To:
Doug Groth, DVM
K.T. Wright, DVM
Professional Swine Management, LLC
Pinnacle Genetics, LLC
P.O. Box 220
Blandinsville Veterinary Clinic
Carthage, IL 62321
R. R. 1
Blandinsville, IL 61420
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
A copy was also sent by First Class Mail with postage thereon fully prepaid to :
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
NE E . McBRIDE
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERKRECEIVED
:
S OFFICE
1M('e 2 2 2007
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution
STATE OF
Control
ILLINOISBoard
Complainant,
)
v.
)
PCB No. 07-29
(Enforcement)
PINNACLE GENETICS, LLC, an Illinois
)
limited liability corporation, and
)
PROFESSIONAL SWINE MANAGEMENT,
)
LLC, an Illinois limited liability corporation,
)
Respondent .
)
MOTION FOR RELIEF FROM HEARING REQUIREMENT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and pursuant to Section 31
(c)(2) of the
Illinois Environmental Protection Act ("Act"),
415 ILCS 5/31(c)(2) (2004), moves that the Illinois
Pollution Control Board grant the parties in the above-captioned matter relief from the hearing
requirement imposed by Section 31 (c)(1)
of the Act, 415 ILCS 5/31(c)(1) (2004) . In support of
this motion, Complainant states as follows
:
1 .
The parties have reached agreement on all outstanding issues in this matter
.
2 .
This agreement is presented to the Board in a Stipulation and Proposal for
Settlement, filed contemporaneously with this motion
.
3.
All parties agree that a hearing on the Stipulation and Proposal for Settlement is
not necessary, and respectfully request relief from such a hearing as allowed by Section
31(c)(2) of the Act, 415 ILCS 5/31(c)(2) (2004)
.
1
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, hereby requests
that the Board grant this motion for relief from the hearing requirement set forth in Section
31(c)(1) of the Act, 415 ILCS 5/31(c)(1) (2004) .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
-
_. .
JANE E . McBRIDE
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: January 19, 2007
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
PEOPLE OF THE STATE OF
)
CLERK'S OFFICE
ILLINOIS,
)
JAW 2 2 2W
Complainant,
)
STATE OF
ILLINOIS
V
,
)
PCB NO . 07-29
Pollution Control Board
(Enforcement)
PINNACLE GENETICS, LLC,
an Illinois
)
limited liability corporation, and
)
PROFESSIONAL SWINE MANAGEMENT,
)
LLC, an Illinois limited liability corporation
)
Respondents
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, ex rel
. LISA MADIGAN, Attorney
General of the State of Illinois, the Illinois Environmental Protection Agency ("Illinois EPA"), and
Respondent Pinnacle Genetics, LLC and Respondent Professional Swine Management, LLC,
have agreed to the making of this Stipulation and Proposal for Settlement ("Stipulation") and
submit it to the Illinois Pollution Control Board ("Board") for approval
. The parties agree that the
statement of facts contained herein represents a fair summary of the evidence and testimony
which would be introduced by the parties if a hearing were held
. The parties further stipulate
that this statement of facts is made and agreed upon for purposes of settlement only and that
neither the fact that a party has entered into this Stipulation, nor any of the facts stipulated
herein, shall be introduced into evidence in any other proceeding regarding the claims asserted
in the Complaint except as otherwise provided herein
. If the Board approves and enters this
Stipulation, Respondents agree to be bound by the Stipulation and Board Order and not to
contest their validity in any subsequent proceeding to implement or enforce their terms
.
I. JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties consenting
hereto pursuant to the Illinois Environmental Protection Act
("Act"), 415 ILCS 5/1
et seq. (2004).
II . AUTHORIZATION
The undersigned representatives for each party certify that they are fully authorized by
the party whom they represent to enter into the terms and conditions of this Stipulation and to
legally bind them to it .
Ill . STATEMENT OF FACTS
A.
Parties
1 .
On October 24, 2006, a Complaint was filed on behalf of the People of the State
of Illinois by Lisa Madigan, Attorney General of the State of Illinois, on her own motion and upon
the request of the Illinois EPA, pursuant to Section 31 of the Act, 415 ILCS 5/31 (2004), against
the Respondents
.
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS 5/4
.
3.
At all times relevant to the Complaint, Respondent Pinnacle Genetics, LLC
("Pinnacle") was and is an Illinois limited liability corporation, registered and in good standing
with the Illinois Secretary of State to do business in Illinois
. The registered agent for Pinnacle is
Gary L
. Donley, 106 E
. State Street, PO Box 467, Camp Point, IL 62320
.
4.
At all times relevant to the Complaint, Respondent Professional Swine
Management, LLC ("Professional") was and is an Illinois limited liability corporation, registered
and in good standing with the Illinois Secretary of State to do business in Illinois
. The
registered agent for Professional is Joseph F
. Connor, 34 West Main Street, PO Box 220,
Carthage, IL 62321 .
B .
Site Description
1 .
At all times relevant to the Complaint, Respondent Pinnacle owned and operated
an 1800-head sow swine production facility located along County Road 600N approximately 2
.5
miles north of Colmar, in the Northwest quarter of Section 3, TAN
., RAW ., in LaMoine
Township, McDonough County, Illinois (the "facility" and "site") .
2.
Respondent Professional jointly operates the facility with Respondent Pinnacle
.
3.
The facility consists of a gestation confinement building and farrowing
2
confinement building, an office and laboratory building, an incinerator used to burn dead swine,
a truck washing structure and various manure handling structures
.
Both the truck wash and the
confinement buildings are in the watershed of Troublesome Creek, which flows into the
LaMoine River
. Various portions of one or more unnamed tributaries to Troublesome Creek
flow through and near the facility, including a small stream that flows near the truck washing
structure .
4 .
On March 2, 2004, the Illinois EPA conducted an inspection of the facility in
response to a citizen complaint
. At the time of the inspection, the Illinois EPA inspectors
observed that a truck wash was in operation at the facility
. The facility manager told inspectors
that the facility owned a livestock trailer and rented another and that the trailers were washed in
the truck wash
. The truck wash was a maintenance building associated with a former operation
that had been converted to a single bay truck wash
. Wastewater and manure solids washed
from the trailers in the truck wash were diverted into a floor drain and discharged through a 4
inch PVC line with a concrete outfall
. The pipe discharged into a channel in a cattle feedlot just
south of the truck wash
. The channel discharges into an unnamed tributary of Troublesome
Creek . The channel flows from north to south
.
5 .
At the time of the March 2, 2004 inspection, two samples were collected
downstream of the truck wash discharge point
. Samples were collected at the point of
discharge
. At the discharge point, brown, turbid liquid was ponded in the channel
. The liquid
had a strong swine waste odor
. Brown sludge was present in the channel and was noted to be
about 10 inches deep
. Black, septic sludge was also present
. Samples were also collected
along the discharge channel about 20 yards south of the discharge point
. The inspectors
observed a brown colored, turbid and odorous liquid at this location
. The liquid contained a
strong swine waste odor .
6.
At the time of the March 2, 2004 inspection, no construction and operation permit
had been issued by the Illinois EPA for the facility's truck wash and the Illinois EPA had not
received a construction and operation permit application from the facility
.
7 .
Respondents never applied for, nor obtained, a National Pollution Discharge
3
Elimination
System ("NPDES") permit for subject truck wash
.
8.
At the time of the March 2, 2004 inspection, the facility had failed to report the
wastewater release discharged from the facility's
truck wash to the Illinois Emergency
Management Agency
. Pursuant to 35 III
. Adm . Code 580 .105,
a reporting requirement applies
to all releases of 25-gallons or more of livestock wastewater
to surface water or groundwater
from livestock waste storage and handling facilities and from the transportation of livestock
waste (pipelines, pumps, and transportation equipment)
.
At the time of the inspection, the
Illinois EPA inspectors advised facility personnel to
report the release and they refused to do
so
.
9.
At the time of the March 2, 2004 inspection, manure solids
were stockpiled along
the access road just east of the truck wash
.
The stockpiled manure solids were not contained
in any manner so as to prevent runoff and leachate from draining
from the stockpiles off-site
.
10.
The March 2, 2004 inspection was conducted in response
to a citizen complaint
submitted on the same date by a neighbor of the facility,
reporting very offensive odors of
burning flesh coming from the facility .
The neighbor experienced the odor three-fourths of a
mile from the facility
. The neighbor reported that the
odor, at times, forced her husband to stop
outdoor activities and come indoors .
11 .
On November 9, 2004, the Illinois EPA received another complaint
from the
same neighbor reporting that the neighbors had experienced
very offensive odors from the
facility mid-afternoon on November 6, 2004
.
The neighbors observed that the incinerator at the
facility was in operation at the time they experienced the odor
. The wind was from the
southwest, blowing from the direction of the facility toward
the neighbors residence .
12.
Dead swine are incinerated at the facility
.
A Larry Lewis Livestock incinerator
with an after-burner is utilized at the facility to incinerate
dead swine .
13
.
At the time of the inspection, the facility was operating
the incinerator under Air
Permit No
. 109809AAc, issued by the Illinois EPA
.
This permit contains nine special conditions
.
These conditions include operational restrictions
associated with the afterburner, a continuous
afterburner temperature-monitoring requirement,
and several records/reporting requirements .
4
Pursuant to the permit, the afterburner must be preheated
and maintained at the recommended
temperatures and the crematorium feed rate and the operating
hours recorded
. These records
must be maintained on-site for three years .
The permit requires that an air emission report be
submitted annually
. If operated correctly, the incinerator
should not produce off-site odors
.
14 .
Based on discussions with facility personnel,
Illinois EPA inspectors ascertained
that the facility failed to pre-heat and obtain appropriate
temperatures in the incinerator prior to
loading carcasses into the incinerator
.
Further, the facility failed to install a monitoring
device
that would indicate whether or not appropriate temperatures
were maintained while the
incinerator was in operation
. Written operating instructions
for the incinerator, submitted by the
Defendants to the Illinois EPA, indicate that it was standard
procedure that the facility personnel
load animal carcasses prior to pre-heating the incinerator
.
15.
Respondents failed to comply with the facility's air permit
conditions by failing to
obtain and install a proper monitoring device and to operate
the incinerator so that it was pre-
heated and maintained at proper temperatures
.
16.
At the time of the March 2, 2004 Illinois EPA inspection,
the inspectors observed
a trash burn pile near the facility office
.
The burn pile contained veterinary medical waste items
.
17.
Veterinary medical waste is categorized as a class of refuse
requiring special
handling and disposal in an apparatus specifically designed
for such waste .
18.
On March 29, 2006, the Illinois EPA conducted a compliance
inspection at the
facility
. At the time of the inspection, construction
was underway at the site to double the
capacity of the facility
. A new gestation building with a maximum capacity of approximately
1,600 sows was under construction .
The new gestation building would also include some gilt
pens
. An addition was also being constructed on the farrowing
building, that included seven
farrowing rooms with 52 crates per room
.
19 .
At the time of the March 29, 2006 inspection, the Respondents
had failed to file a
notice of intent with the Illinois EPA for coverage under
the state's general storm water permit
for construction sites, and had failed to submit to the
Illinois EPA a storm water pollution
prevention plan
.
5
20 .
At the time of the March 29, 2006 inspection, the inspectors
observed that the
drainage system installed prior to construction at the
site to properly handle excess storm water
at the site as it existed prior to construction, had
received a significant amount of silt due to
recent construction . In this silted condition, and
in that no additional structures or practices had
been installed or implemented to handle storm water runoff
during construction, there existed a
threat that construction activity storm water pollution
could discharge from the site
. A field tile
riser existed at the location of a pre-existing retention
basin
. The silt trap associated with the
riser was overloaded, and thus there existed a threat the
riser could serve as a conduit to
moving silt into the field tile receiving waters
.
The retention basin itself was silted in and thus
existed in a condition of reduced capacity to handle
storm water
.
C .
Allegations of Non-Compliance
Plaintiff contends that the Respondents have violated
the following provisions of the Act
and Illinois Pollution Control Board ("Board") Water
Pollution and Air Pollution Regulations :
Count I
1 .
By causing or allowing the discharge of contaminants
in such a manner as to
threaten water pollution in a channel that flowed into an
unnamed tributary of Troublesome
Creek, and by causing or allowing the deposit of solids
in the channel in an un-contained
manner as to threaten water pollution, Respondents have
violated Section 12(a) of the Act, 415
ILCS 5/12(a) (2004)
.
2 .
By causing or allowing livestock waste to discharge directly
from the truck wash
through a pipe onto the ground, Respondents have deposited
swine waste upon the ground in
such a place and manner so as to tend to cause a water pollution
hazard, and have thereby
violated Section 12(d) of the Act, 415 ILCS 5/12(d) (2004)
.
3 .
By causing or allowing discharges of livestock wastewater
and manure solids to
directly drain from the facility's truck wash through
a pipe and be discharged and directly
deposited on the ground as brown colored, turbid, odorous
deposits and flows, Respondents
have caused, threatened or allowed the discharge of
contaminants into the environment so as
6
to tend to cause water pollution and have deposited swine
waste upon the ground in such a
place and manner so as to tend to cause a water pollution
hazard, and have thereby violated
Sections 12(a) and (d) of the Act, 415 ILCS 5/12(a),
(d) (2004), and 35 III
. Adm . Code 304 .106 .
4 .
By causing or allowing livestock waste solids to be stockpiled
in an un-contained
manner upon the ground near the access road east of the truck
wash at the facility,
Respondents have caused, threatened or allowed the discharge
of contaminants into the
environment so as to cause or tend to cause water pollution
and have deposited swine waste
upon the ground in such a place and manner so as to cause
or tend to cause water pollution,
and have thereby violated Sections 12(a) and (d) of the Act,
415 ILCS 5/12(a), (d) (2004), and
35 III . Adm . Code 501 .404(b)(1) .
5.
By causing or allowing a new livestock waste-handling
facility, namely the
facility's truck wash, which handles livestock waste in a solid and liquid form to exist without a
minimum of 120-day storage for the liquid waste and thereby
cause or threaten to cause water
pollution, Respondents have violated Section
12(a), 415 ILCS 5/12(a)(2004), and 35 III . Adm .
Code 501
.404(c)(4)(B) .
CountII
6.
By constructing and operating a truck wash with no liquid
waste storage
capacity, that was designed to and did discharge liquid
livestock waste directly into a channel in
a cattle feedlot that discharges into an unnamed tributary
of Troublesome Creek, Respondents
have violated Section 12(f) of the Act, 415 ILCS 5/12(f)
(2004), and 35 III . Adm . Code
309 .102(a) .
CountIII
7.
By failing to apply for and obtain a construction and
operation permit from the
Illinois EPA for the facility's truck wash, Respondents
have caused or allowed the discharge of
contaminants in such a manner as to cause, allow or threaten
water pollution in a channel that
flowed into an unnamed tributary of Troublesome Creek,
from an un-permitted wastewater
source, and have thereby violated Section 12(a) of the Act,
415 ILCS 5/12(a) (2004), and 35 III
.
Adm. Code 309 .202
.
7
Count IV
8 .
By failing to properly operate the facility's
incinerator, Respondents have caused
or allowed the discharge or emission of a contaminant
into the environment in any State so as
to cause or tend to cause air pollution, Respondents
have thereby violated Section 9(a) of the
Act, 415 ILCS 519(a)(2004), 35 III
. Adm . Code 201 .141, and 35 III
. Adm . Code 501 .402(c)(3) .
Count V
7 .
By failing to comply with the facility's air permit conditions,
Respondents have
violated Section 9(b) of the Act, 415 ILCS 5/9(b) (2004)
.
Count VI
9 .
By causing or allowing the open burning of veterinary medical
waste items at the
facility, Respondents have violated Section 9(c) of the
Act, 415 ILCS 5/9(a) (2004), and 35 III
.
Adm . Code 237 .102 .
Count VII
10.
By causing or allowing or threatening the discharge of construction
activity storm
water contaminants into waters of the State without coverage
under the state's general storm
water NPDES permit, Respondents have 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) .
Count VIII
11 .
By failing to report the release of livestock waste from
a livestock waste handling
facility upon discovery of the release, and, at the latest,
24 hours after discovery of the release,
Respondents have violated Section 4(h) of the Act, 415ILCS
5/4(h) (2004), and 35 III . Adm
.
Code 580 .105
.
D
.
Admission of Violations
The Respondents represent that they have entered into this Stipulation for the purpose
of settling and compromising disputed claims without
having to incur the expense of contested
litigation
. By entering into this Stipulation and complying
with its terms, the Respondents do not
8
affirmatively admit the allegations of violation within the Complaint and referenced within
Section III
.C herein, and this Stipulation shall not be interpreted as including such admission
.
E.
Compliance Activities to Date
1 .
The practice of maintaining manure stacks along the east access road at the
facility has been halted .
2 .
The truck wash was shut down upon notification of violation
. A construction and
operation permit was obtained for the truck wash
. A waste storage tank for livestock waste
liquid with a capacity of 120 days was designed for the truck wash and installed
. Water
drainage around the truck wash building was modified
. Construction was completed in early fall
of 2004 and the truck wash has been in operation since
. Livestock waste water from the truck
wash is land applied on an as needed basis
. A neighbor was hired to haul out the waste water
.
The area where the waste water previously discharged from the truck wash has been re-
seeded to pasture
. Dirt work around the truck wash building was modified to address
groundwater pressure in the collection pit and to prevent an empty collection tank from floating
up out of the ground
. The storage tank is partially buried to prevent freezing .
3.
Corrective measures undertaken by the Respondents to address veterinary
waste disposal include
: (1) the burn area on the facility grounds was eliminated ; (2) all aharps
are discarded in red bio-hazard sharps containers which are then transported to the Carthage
Veterinary Services, Ltd
. clinic for proper disposal
; (3) all empty vaccine bottles are disposed
in
the garbage which is put into a dumpster that is serviced by a commercial garbage service that
hauls to a sanitary landfill
; (4) facility policy has been established strictly prohibiting any open
burning on the grounds .
4.
Corrective measures to address failure to adhere to air permit conditions include
:
to comply with annual reporting requirements, data for 2003 and 2004 for tons/month and
hours/month of use shall be compiled by the facility and submitted to the Illinois EPA
; (2) the
facility shall ensure that the Illinois EPA has the proper address for effective notification relevant
to the facility's air permit and any apparent violations of permit conditions
.
9
5 .
Corrective measures to address violations relevant to the operation of the
facility's incinerator include
: (1) the facility has installed a concrete compost structure to reduce
the amount of incineration being done at the farm
. The compost structure has four bays and a
temperature log to be kept current on a weekly basis
; (2) an EasyViewT"
Dual Input
Thermometer and Datalogger Model EA15 with digital display from Extech Instruments has
been installed in the afterburner
. The facility has also purchased Type K Thermomcouple
probe and connecting wire for use on the incinerator
. The Datalogger stores data
electronically
. The device is handheld so it can be taken to the facility's computer and data
downloaded
. It stores data points and time
. Software provided by Extech will be used to
download data and store information as text files that can be opened by other programs for
analysis
; (3) an incinerator use log is in place to monitor run times and pounds incinerated
; (4) a
new standard operating procedure for employees who operate the incinerator has been
developed to incorporate the new afterburner temperature monitoring device
.
6.
Respondents have provided confirmation to the Illinois EPA that a monitoring
device has been installed on the incinerator that will record pre-heating temperatures as well as
burning temperatures during operation
.
7.
Respondents have submitted a copy of the written procedure established by the
facility for the operation of the incinerator that includes procedures for pre-heating the
incinerator prior to loading it with carcasses, and proper monitoring of the burn temperature
while the incinerator is in operation
. The written procedure has been found to be acceptable by
the Illinois EPA.
8 .
In response to notification of the need for construction stormwater NPDES permit
coverage, Respondents obtained NPDES stormwater coverage under the State's general
permit for the expansion construction conducted at the site in 2006
.
IV . APPLICABILITY
A.
This Stipulation shall apply to and be binding upon the Complainant and the
Respondents, and any officer, director, agent, or employee of the Respondents, as well as any
10
successors or assigns of the Respondents
. The Respondents waive as a defense to any
enforcement action taken pursuant to this Stipulation the failure of any of its officers, directors,
agents, employees or successors or assigns to take such action as shall be required to comply
with the provisions of this Stipulation .
B.
No change in ownership, corporate status or operator of the facility shall in any way alter
the responsibilities of the Respondents under this Stipulation
. In the event of any conveyance
of title, easement or other interest in the facility, the Respondents shall continue to be bound by
and remain liable for performance of all obligations under this Stipulation
. In appropriate
circumstances, however, the Respondents and a proposed purchaser or operator of the facility
may jointly request, and the Complainant, in its discretion, may consider modification of this
Stipulation to obligate the proposed purchaser or operator to carry out future requirements of
this Stipulation in place of, or in addition to, the Respondents
.
C.
In the event that the Respondents propose to sell or transfer any real property or
operations subject to this Stipulation, the Respondents shall notify the Complainant 30 days
prior to the conveyance of title, ownership or other interest, including a leasehold interest in the
facility or a portion thereof
. The Respondents shall make the prospective purchaser or
successor's compliance with this Stipulation a condition of any such sale or transfer and shall
provide a copy of this Stipulation to any such successor in interest
. This provision does not
relieve the Respondents from compliance with any regulatory requirement regarding notice and
transfer of applicable facility permits
.
D.
The Respondents shall notify each contractor to be retained to perform work required in
this Stipulation of each of the requirements of this Stipulation relevant to the activities to be
performed by that contractor, including all relevant work schedules and reporting deadlines, and
shall provide a copy of this Stipulation to each contractor already retained no later than 30 days
after the date of entry of this Stipulation
. In addition, the Respondents shall provide copies of
all schedules for implementation of the provisions of this Stipulation to the prime vendor(s)
supplying the control technology systems and other equipment required by this Stipulation
.
11
V. COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities
of the Respondents to comply with
any other federal, state or local laws or regulations, including but not limited to the Act, and the
Board Regulations, 35 III . Adm . Code, Subtitles A through
H .
VI
. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5133(c)(2002), provides as follows
:
In making its orders and determinations, the Board shall
take into consideration
all the facts and circumstances bearing upon the reasonableness
of the
emissions, discharges, or deposits involved including,
but not limited to:
1 .
the character and degree of injury to, or interference with
the
protection of the health, general welfare and physical property of
the people ;
2.
the social and economic value of the pollution source
;
3.
the suitability or unsuitability of the pollution source to the area in
which it is located, including the question of priority of location in
the area involved ;
4.
the technical practicability and economic reasonableness of
reducing or eliminating the emissions, discharges or deposits
resulting from such pollution source ; and
5.
any subsequent compliance .
In response to these factors, the parties state the following
:
1 .
Human health and the environment were threatened and
the Illinois EPA's
information gathering responsibilities hindered
by the Respondents' violations .
2.
There is social and economic benefit to the facility .
3.
Operation of the facility is suitable for the area in which it occurred if the facility if
operated in compliance with the state's environmental regulations .
4.
Obtaining a state construction permit prior to construction of the truck wash and
obtaining NPDES stormwater coverage prior to initiating
construction of the facility expansion
and compliance with permit terms are technically practicable
and economically reasonable .
Proper construction of the truck wash so as to prevent wastewater
discharges to the
environment, and proper handling of waste solids so as to prevent discharges to the
12
environment, are technically practicable and economically reasonable
. Operation of the
facility's incinerator in compliance with its air permit
is technically practicable and economically
reasonable
. Proper disposal of veterinary medical waste,
particularly in light of the fact
principals of both Respondents are veterinarians,
and one Respondent is also a principal in a
veterinary clinic that already had in place proper systematic
disposal of veterinary medical
wastes, is technically practicable and economically reasonable
. Proper reporting of wastewater
releases is technically practicable and economically
reasonable .
5.
After corrective measures were instituted to address
Counts 1 through 6 and
Count 8 of the Complaint and thereby compliance was achieved with the Act and the Board
Regulations, Respondents failed to obtain stormwater
NPDES coverage for the construction of
a facility expansion that occurred in 2006 .
Upon discovery of this failure to obtain coverage by
the Illinois EPA, and upon being ordered to cease construction,
Respondents subsequently
obtained proper permit coverage
.
VII . CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2002),
provides as follows :
In determining the appropriate civil penalty to be imposed under . .
. this Section,
the Board is authorized to consider any matters of record
in mitigation or
aggravation of penalty, including but not limited to the following factors :
1 .
the duration and gravity of the violation ;
2 .
the presence or absence of due diligence on the part of the
respondent in
attempting to comply with requirements of this Act and regulations thereunder or
to secure relief therefrom as provided by this Act
;
3 .
any economic benefits accrued by the respondent because
of delay in
compliance with requirements, in which case the economic
benefits shall be
determined by the lowest cost alternative for achieving compliance ;
4 .
the amount of monetary penalty which will serve to deter
further violations by the
respondent and to otherwise aid in enhancing voluntary
compliance with this Act
by the respondent and other persons similarly subject to
the Act ;
5 .
the number, proximity in time, and gravity of previously
adjudicated violations of
this Act by the respondent ;
6
.
whether the respondent voluntarily self-disclosed,
in accordance with subsection
i of this Section, the non-compliance to the Agency ; and
13
7.
whether the respondent has agreed to undertake a "supplemental
environmental
project," which means an environmentally beneficial
project that a respondent
agrees to undertake in settlement of an enforcement action
brought under this
Act, but which the respondent is not otherwise legally required
to perform
.
In response to these factors, the parties state as follows
:
1 .
The Respondent failed to obtain a permit for construction
site activities prior to
beginning construction activities at the site, and violated
other provisions of the Act and Board
Regulations
. The violations that are the subject of Counts
1 through 6 and 8 of the Complaint
began on or around March 2, 2004, and were individually
resolved at various times in the
following two years
. The violations that are the subject of Count 7 of the Complaint at a time
better known by the Respondents and were discovered
by the Illinois EPA on March 29, 2006,
and were resolved within a matter of months .
2.
Respondents were diligent in attempting to come back
into compliance with the
Act, Board regulations and applicable federal regulations,
once the Illinois EPA notified it of its
noncompliance, with regard to all counts except Counts
4 and 5
. Respondents were slow to
come into compliance with regard to the air pollution and
air permit compliance violations
.
3.
Respondents incurred costs of $9,779
.00 to bring the
truck wash into
compliance . The compliance cost to eliminate open burning
at the facility was $100 .00 . The
cost to construct a compost structure as an alternative
means of handling dead animals was
$7,853 .00
. The cost of the digital monitoring device for
the incinerator was $650
.00 . The total
of these amounts is $18,382
.00 .
4.
Complainant has determined, based upon the specific facts
of this matter, that a
penalty of Twenty-Seven Thousand Dollars ($27,000
.00)
will serve to deter further violations
and aid in future voluntary compliance with the Act and
Board regulations .
5 .
To Complainant's knowledge, Respondents have no previously
adjudicated
violations of the Act .
6 .
Self-disclosure is not at issue in this matter
.
7.
Respondents have agreed to perform the following as supplemental
environmental projects
. The cost incurred by the Respondents
in the performance of each
14
project appears at the end of the description
.
A.
Five hundred foot long windbreak and privacy screen, as designed by the
McDonough County Soil and Water Conservation Service, to consist of at least
100 Aus Trees, 41 Arborvitae, and 21 Norway Spruce
. The installation will also
serve as a filter strip for the cattle lot located immediately south of the truck wash
facility
. The tree planting was conducted in spring of 2006 . Estimated cost is
$6,000
.00, for trees, planting, mulch, fertilizer, irrigation equipment, fencing and
labor involved in caring for newly planted trees
. Annual costs for maintenance
are estimated to be $1,500 .00 to $2,000
.00 for trimming, mowing, irrigation,
fence maintenance and replacement of trees .
B.
McDonough County SWCD was recently given a farm which they want to
transform into a conservation demonstration site
. SWCD proposes creating a
wetland, various tree planting demonstrations and a possible pond construction
project
. This site would then be available to school children and other interested
parties
. The donation is in the amount of $2,500 .00 .
C.
Prairie Hills Resource Conservation and development is conducting a wind
monitoring project at nine area schools
. The organization has received a
$15,000
.00 grant from the Illinois Clean Energy Community Foundation to
purchase monitoring equipment to set up at the schools . The organization is
seeking funding to pay for a feasibility study, to be conducted by an engineer at
a cost of $900
.00, per school, for a total of $8,200
.00 . Respondents will make a
donation toward this sum, in the amount of $2,500
.00 .
VIII . TERMS OF SETTLEMENT
A.
Penalty Payment
1 .
The Respondents shall, jointly and severally, pay a civil penalty of Twenty-Seven
Thousand Dollars ($27,000
.00) within thirty (30) days from the date the Board adopts and
accepts this Stipulation .
15
b .
Payment shall be made by certified check, money order or electronic
funds transfer, payable to the Illinois EPA for deposit into the Environmental Protection Trust
Fund ("EPTF") and shall be sent by first class mail, unless submitted by electronic funds
transfer, and delivered to :
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O . Box 19276
Springfield, IL 62794-9276
c.
The name, case number and Respondent Pinnacle's Federal Employer
Identification Number ("FEIN"), 75-3029416, and Respondent Professional's Federal Employer
Identification Number
("FEIN"), 37-1412168, shall appear on the face of the certified check or
money order
. A copy of the certified check, money order or record of electronic funds transfer
and any transmittal letter shall be sent to
:
Jane E . McBride
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
Thomas Andryk
Illinois Environmental Protection Agency
1021 North Grand Avenue East
PO Box 19276
Springfield, IL 62794-9276
2 .
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2004), interest shall
accrue on any payment not paid within the time period prescribed above at the maximum rate
allowable under Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003 (2004)
. Interest
on any unpaid payment shall begin to accrue from the date the payment is due and continue to
accrue until the date payment is received . When partial payment(s) are made, such partial
payment shall be first applied to any interest on unpaid payment then due and owing . All
interest on payment owed shall be paid by certified check, money order or electronic funds
transfer, payable to the Illinois EPA, designate to the Illinois Environmental Protection Trust
Fund and delivered to the address and in the manner described above
.
3.
For purposes of payment and collection, Respondents may be reached at the
16
following addresses :
Doug Groth, DVM
K.T
. Wright, DVM
Professional Swine Management, LLC
Pinnacle Genetics, LLC
PO Box 220
Blandinsville Veterinary Clinic
Carthage, IL 62321
RR 1
Blandinsville, IL 61420
4.
In the event of default of this Section VIII
.A, the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees
.
B.
Compliance Plan
1 .
The swine carcass compost facility at Pinnacle shall be operated in such a
manner so as not to cause a contaminated discharge or other leachate runoff from the site
.
2 .
The Respondents shall provide the Illinois EPA with the first twelve months of
pre-heating and burn temperature monitoring records for the incinerator, commencing with the
date testing and calibration of the monitoring device is complete, or if testing and calibration is
not required, commencing with the day after installation
. The Respondents shall also submit to
the Illinois EPA actual incinerator loading rates and completed incinerator operation log sheets,
a sample of which is attached to this consent order as Figure 1, as well as general Beads and
composting data for the 12-month period immediately following the installation of the monitoring
device
. Said records are to include the weight of the animals being incinerated, the number of
hogs/pigs/swine being incinerated per day, the total number of dead at the facility per day or
week, the total number of carcassses going into the compost pile per day or week
. Said
records shall begin to be submitted not later than 105 days of the date upon which the
monitoring device is installed on the facility's incinerator and deemed operational
. After the 12
months of data and logs referred to in this Paragraph VIII
.B
.4 have been provided to the Illinois
EPA, all monitoring device and incinerator loading rate data and all incinerator log sheets shall
thereafter be kept at the facility and be available for review at the time of any Illinois EPA
inspection
.
3.
In the event any compost material or incinerator ash material generated from the
17
swine carcass compost facility or the incinerator is land applied, all such compost or ash
material shall be land applied in such a manner so as not to create a threat or hazard of water
pollution.
C .
Stipulated Penalties
1 .
If the Respondents fail to complete any activity or fails to comply with any
response or reporting requirement by the date specified in Section VIII
.B ("Compliance Plan") of
this Stipulation, the Respondents shall provide notice to the Complainant of each failure to
comply with this Stipulation
. In addition, the Respondents shall pay to the Complainant, for
payment into the EPTF, stipulated penalties per violation for each day of violation in the amount
of $100 .00 until such time that compliance is achieved .
2 .
Following the Complainant's determination that the Respondents have failed to
complete performance of any task or other portion of work, failed to provide a required
submittal, including any report or notification, Complainant may make a demand for stipulated
penalties upon Respondents for its noncompliance with this Stipulation . Failure by the
Complainant to make this demand shall not relieve the Respondents of the obligation to pay
stipulated penalties .
3 .
All penalties owed the Complainant under this section of this Stipulation that
have not been paid shall be payable within thirty (30) days of the date the Respondents know or
should have known of its noncompliance with any provision of this Stipulation
.
4.
a .
All stipulated penalties shall be paid by certified check, money order or
electronic funds transfer, payable to the Illinois EPA for deposit into the EPTF and shall be sent
by first class mail, unless submitted by electronic funds transfer, and delivered to
:
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
b.
The name and number of the case and the Respondents' FEIN shall
appear on the face of the check . A copy of the certified check, money order or record of
18
electronic funds transfer and any transmittal letter shall be sent to :
Jane E . McBride
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62702
5 .
The stipulated penalties shall be enforceable by the Complainant and shall be in
addition to, and shall not preclude the use of, any other remedies or sanctions arising from the
failure to comply with this Stipulation .
D.
Future Use
Notwithstanding any other language in this Stipulation to the contrary, and in
consideration of the mutual promises and conditions contained in this Stipulation, including the
Release from Liability contained in Section VIII
.F, below, Respondents hereby agree that this
Stipulation may be used against the Respondents in any subsequent enforcement action or
permit proceeding as proof of a past adjudication of violation of the Act and the Board
Regulations promulgated thereunder for all violations alleged in the Complaint in this matter, for
purposes of Section 39(a) and (i) and/or 42(h) of the Act, 415 ILCS 5/39(a) and (i) and/or
5/42(h) . Further, Respondents agree to waive, in any subsequent enforcement action, any right
to contest whether these alleged violations were adjudicated .
E.
Cease and Desist
The Respondents shall cease and desist from future violations of the Act and Board
Regulations that were the subject matter of the Complaint as outlined in Section III .C .
("Allegations of Non-Compliance") of this Stipulation .
F.
Release from Liability
In consideration of the Respondents' payment of a $ 27,000
.00 penalty and any
specified costs and accrued interest, completion of all activities required hereunder, and to
Cease and Desist as contained in Section VIII .E and upon the Pollution Control Board's
acceptance and approval of the terms of this Stipulation and Proposal for Settlement, the
19
Complainant releases, waives and discharges the Respondents from any further liability or
penalties for violations of the Act and Board Regulations that were the subject matter of the
Complaint herein . The release set forth above does not extend to any matters other than those
expressly specified in Complainant's Complaint filed on October 24, 2006 .
The Complainant
reserves, and this Stipulation is without prejudice to, all rights of the State of Illinois against the
Respondents with respect to all other matters, including but not limited to, the following :
a.
criminal liability ;
b.
liability for future violation of state, federal, local, and common laws and/or
regulations ;
c .
liability for natural resources damage arising out of the alleged violations
; and
d .
liability or claims based on the Respondents' failure to satisfy the requirements
of this Stipulation
.
Nothing in this Stipulation is intended as a waiver, discharge, release, or covenant not to
sue for any claim or cause of action, administrative or judicial, civil or criminal, past or future, in
law or in equity, which the State of Illinois or the Illinois EPA may have against any person, as
defined by Section 3 .315 of the Act, 415 ILCS 5/3 .315, or entity other than the Respondents .
G.
Right of Entry
In addition to any other authority, the Illinois EPA, its employees and representatives,
and the Attorney General, her employees and representatives, shall have the right of entry into
and upon the Respondents' facility which is the subject of this Stipulation, at all reasonable
times for the purposes of carrying out inspections . In conducting such inspections, the Illinois
EPA, its employees and representatives, and the Attorney General, her employees and
representatives, may take photographs, samples, and collect information, as they deem
necessary .
H.
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents required under this
20
Stipulation, except for payments pursuant to Sections VIII
.A . ("Penalty Payment") and C
("Stipulated Penalties") of this Stipulation shall be submitted as follows
:
As to the Complainant
Jane E . McBride
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
Thomas Andryk
Assistant Counsel
Illinois EPA
1021 North Grand Avenue East
P .O . Box 19276
Springfield, Illinois 62794-9276
Eric Ackerman
Illinois EPA
5415 N
. University
Peoria, Illinois 61614
As to the Respondents
Doug Groth, DVM
Professional Swine Management, LLC
PO Box 220
Carthage, IL 62321
K .T. Wright, DVM
Pinnacle Genetics, LLC
Blandinsville Veterinary Clinic
RR 1
Blandinsville, IL 61420
I.
Modification of Stipulation
The parties may, by mutual written consent, extend any compliance dates or modify the
terms of this Stipulation
. A request for any modification shall be made in writing and submitted
to the contact persons identified in Section VIII
.H . Any such request shall be made by separate
document, and shall not be submitted within any other report or submittal required by this
Stipulation . Any such agreed modification shall be in writing, signed by authorized
representatives of each party, and then accompany a joint motion to the Illinois Pollution
Control Board seeking a modification of the prior order approving and accepting the Stipulation
21
to approve and accept the Stipulation as amended .
J .
Enforcement of Board Order
1 .
Upon the entry of the Board's Order approving and accepting this Stipulation and
Proposal for Settlement, that Order is a binding and enforceable order of the Illinois Pollution
Control Board and may be enforced as such through any and all available means .
2 .
Respondents agree that notice of any subsequent proceeding to enforce the
Board Order approving and accepting this Stipulation and Proposal for Settlement may be
made by mail and waives any requirement of service of process
.
3 .
The parties agree that, if the Board does not approve and accept this Stipulation
and Proposal for Settlement, then neither party is bound by the terms herein .
4.
It is the intent of the Complainant and Respondents that the provisions of this
Stipulation and Proposal for Settlement and any Board Order accepting and approving such
shall be severable, and should any provision be declared by a court of competent jurisdiction to
be inconsistent with state or federal law, and therefore unenforceable, the remaining clauses
shall remain in full force and effect .
22
WHEREFORE, Complainant and Respondents request that the Board adopt and accept
the foregoing Stipulation and Proposal for Settlement as written
.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J
. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
THOMAS DAVIS, Chief
DATE:
Environmental Bureau
Assistant Attorney General
BY:
ILLINOIS E VIRONMENTAL
PROTECTI AGENCY
BY:
RO ERT MESS
Chief Legal Counsel
PINNACLE GENETICS, LLC
BY:
A.i
-
Name : l~ G- 1&,1U't'
Title :
~/N
Sk
&AA-`-
PROFESSIONAL
SWINE MANAGEMENT, LLC
BY:
'y:/./e"ta"A
DATE:
01/16/2007
Name :
Joseph
F . Connor
Title
:
President
23
DATE:
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DATE
:
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