BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
OCT 2 4 2006
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
Pollution
STATE OF
Control
ILLINOISBoard
)
b'r
~a-
v.
)
PCB NO.
(Enforcement)
PINNACLE GENETICS, LLC, an Illinois
)
limited liability corporation, and
)
PROFESSIONAL SWINE MANAGEMENT,
)
LLC, an Illinois limited liability corporation,
)
Respondents .
)
NOTICE OF FILING
To :
Gary L
. Donley, Registered Agent
Joseph F . Connor, Registered Agent
Pinnacle Genetics, LLC
Professional Swine Management, LLC
106 E
. State Street
34 West Main Street
P
.O
. Box 467
P.O . Box 220
Camp Point, IL 62320
Carthage, IL 62321
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 .
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
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
JANE E . McBRIDE
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : October 20, 2006
CERTIFICATE OF SERVICE
I hereby certify that I did on October 20, 2006, send by certified 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, APPEARANCE and COMPLAINT
To:
Gary L . Donley, Registered Agent
Joseph F. Connor, Registered Agent
Pinnacle Genetics, LLC
Professional Swine Management, LLC
106 E . State Street
34 West Main Street
P
.O
. Box 467
P.O . Box 220
Camp Point, IL 62320
Carthage, IL 62321
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
State of Illinois Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
ne E. McBride
Assistant Attorney General
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
PCB
(Enforcement)
PINNACLE GENETICS, LLC, an Illinois
)
limited liability corporation, and
)
PROFESSIONAL SWINE MANAGEMENT,
)
LLC, an Illinois limited liability corporation,
)
Respondents .
)
APPEARANCE
I, JANE E . McBRIDE, Assistant Attorney General of the State of Illinois, hereby file my
appearance in this proceeding on behalf of the Complainant, PEOPLE OF THE STATE OF
ILLINOIS .
Respectfully Submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:-
ANE
E. McBRIDE
?~ y
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : October 20, 2006
RECEIVEDCLERK'S
OFFICE
OCT 2 4 2006
Pollution
STATE OF
Control
ILLINOISBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
OCT 2 4 2006
PEOPLE OF THE STATE
OF
)
PolSTATE
lution
OFF
ILLINOIS
ILLINOIS,
)
Complainant,
)
v.
)
(Enforcement)PCB
NO . O7'a
PINNACLE GENETICS, LLC, an Illinois
)
limited liability corporation, and
)
PROFESSIONAL SWINE MANAGEMENT,
)
LLC, an Illinois limited liability corporation
)
Respondents
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondents PINNACLE GENETICS, an Illinois
limited liability corporation, and PROFESSIONAL SWINE MANAGEMENT, LLC, an Illinois
limited liability corporation, as follows :
COUNTI
WATER POLLUTION VIOLATIONS
1 .
This Count is brought on behalf of the People of the State of Illinois, ex rel. LISA
MADIGAN, the Attorney General of the State of Illinois, on her own motion and at the request of
the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to Sections 42(d) and (e)
of the Illinois Environmental Act ("Act"), 415 ILCS 5/42(d) and (e) (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 (2004), and which is charged, inter alia,
with the
duty of enforcing the Act
.
3 .
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2002), after providing the Respondents with notice and the opportunity for a meeting with the
Illinois EPA .
3 .
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2002), after providing the Respondents with notice and the opportunity for a meeting with the
Illinois EPA .
4 .
The Respondent Pinnacle Genetics, LLC ("Pinnacle") is and was at all times
relevant to this Complaint 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
.
5 .
Respondent Pinnacle owns 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")
. The mailing address for the facility is 3131 N . 600` h
Road, Colchester, IL 62326 . William
L . Hollis is the facility's managing agent
. Mr . William Hollis' address, as managing agent for the
facility, is William L . Hollis, Managing Agent, Pinnacle Genetics, LLC, 34 West Main Street,
Carthage, IL 62321 .
6 .
The Respondent Professional Swine Management, LLC ("Professional") is and
was at all times relevant to this Complaint, 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 .
7 .
Respondent Professional jointly operates the facility with Respondent Pinnacle
.
8
.
The facility consists of a gestation confinement building and farrowing
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
2
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
.
9 .
The LaMoine River, Troublesome Creek, and the unnamed tributaries to
Troublesome Creek are "waters" of the State as that term is defined in Section 3 .550 of the Act,
415 ILCS 5/3 .550 (2004), as follows :
"WATERS" means all accumulations of water, surface and
underground, natural, and artificial, public and private, or parts
thereof, which are wholly or partially within, flow through, or border
upon this State .
10 .
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 .
11 .
Section 12 of the Act, 415 ILCS 5/12 (2004), provide the following prohibitions :
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 .
12 .
Section 304
.106 of the Board's Water Pollution Regulations, 35 III . Adm . Code
304 .106, provides :
3
Offensive Discharges
In addition to the other requirements of this Part,
no effluent shall
contain settleable solids, floating debris, visible
oil, grease, scum or
sludge solids
. Color, odor and turbidity must be reduced
to below
obvious levels .
13.
Section 501
.404(b)(1) of the Board's Agriculture Related
Pollution Regulations, 35
III . Adm . Code 501
.404(b)(1), provides, in pertinent part
:
b) Temporary Manure Stacks
1)
Temporary manure stacks shall be constructed or established
and
maintained in a manner to prevent runoff and leachate from
entering surface or ground waters
.
14 .
Section 501
.404(c)(4)(B) of the Board's Agriculture
Related Pollution Regulations,
35 III . Adm . Code 501
.404(c)(4)(B), provides, in
pertinent part :
4)
Liquid Livestock Waste :
B)
New livestock waste-handling facilities which handle
the waste in a
liquid form shall provide a minimum of 120-day storage with
a
liquid manure-holding tank, lagoon, holding pond,
or any
combination thereof unless the operator has justifiable
reasons
substantiating that a lesser storage volume is adequate
. If
inadequate storage volumes cause or threaten to cause
a violation
of the Act or applicable regulations, the Agency may require
corrective measures .
15 .
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
4
inch diameter PVC line with a concrete headwall at the 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 .
16.
At the time of the March 2, 2004 inspection, two samples were collected
downstream of the truck wash discharge point
. A sample was collected at the discharge point .
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 . A sample was 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 .
17 .
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
.
18.
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
.
19
. 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 .
5
20 .
On March 2, 2004, the Respondents caused, threatened or allowed water
pollution in that discharges of livestock wastewater and solids threatened to alter the physical,
thermal, chemical, or biological properties of a water of the State, and such discharge
threatened to render waters of the State harmful or detrimental or injurious to public health,
safety or welfare, or to agricultural, recreational, or other legitimate uses, or to livestock, wild
animals, birds, fish or other aquatic life and to likely create a nuisance
.
21 .
On March 19, 2004, the Illinois EPA sent Respondent Pinnacle and Respondent
Professional Swine Management each a Violation Notice pursuant to Section 31
(a)(1) of the Act,
415 ILCS 5/31(a)(1)
. On April 28, 2004 and May 6, 2004, Frank & West Environmental
Engineers, Inc . responded to the violation notice on behalf of Respondent Pinnacle
. On May 19,
2004, Respondent Profession Swine Management responded to the violation notice by
referencing the Frank & West responses
. On May 14, 2004, the Illinois EPA issued a notice to
Respondent Professional Swine Management rejecting its proposed compliance commitment
agreement
. On May 19, 2004, the Illinois EPA issued a notice to Respondent Pinnacle rejecting
Respondent Pinnacle's proposed compliance commitment agreement
. On August 19, 2004, the
Illinois EPA issued a Notice of Intent to Pursue Legal Action ("NIPLA") to Respondent Pinnacle
and Respondent Professional Swine Management, pursuant to Section 31(b) of the Act, 415
ILCS 5/31(b). On September 23, 2004, the Illinois EPA met with Respondent Pinnacle and
Respondent Professional Swine Management, upon the Respondents' request pursuant to the
NIPLA notice
.
22 .
By causing or allowing the discharge of contaminants in such a manner as to
cause or 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 an uncontained manner
6
as to cause or threaten water pollution, the Respondents have violated Section 12(a) of the Act,
415 ILCS 5/12(a) (2004) .
23.
By causing or allowing livestock waste to discharge directly from the truck wash
through a pipe onto the ground, the Respondents have deposited
swine waste upon the ground
in such a place and manner so as to cause or tend to cause a water pollution hazard, and have
thereby violated Section 12(d) of the Act, 415 ILCS 5/12(d)
(2004).
24.
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
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 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 .
25 .
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, the
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)
.
26 .
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,
7
Respondents have violated Section 12(a), 415 ILCS 5112(a)(2004), and 35 III
. Adm . Code
501 .404(c)(4)(B) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents,
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
B .
Finding that Respondents have violated the Act and regulations as alleged herein
;
C.
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations ; and
D .
Assessing against Respondents 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
.
COUNTII
NPDES PERMIT VIOLATION
1-21 . Complainant realleges and incorporates by reference herein paragraphs 1
through 21 of Count I as paragraphs 1 through 21 of this Count II .
22.
Section 12(f) of the Act, 415 ILCS 5112(f)(2004), states, in pertinent part :
No person shall :
(f)
Cause, threaten or allow the discharge fo any contaminants into the
waters of the State, as defined herein, including but not limited to, water to
any sewage works, or into any well or from any point source with the
State, without an NPDES permit for point source discharges issued by the
Agency under Section 39(b) of thisAct, or in violation of any term or
condition imposed by such permit, or in violation of any NPDES permit
8
309 .102(a), states, in pertinent part :
filing requirement established under Section 39(b), or in violation fo any
regulations adopted by the Board with respect to the NPDES program .
23 .
Section 309 .102(a) of the Board's Water Pollution Regulations, 35 III . Adm . Code
NPDES Permit Required
a)
Except as in compliance with the provisions fo the Act, Board regulations,
and the CWA, 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.
Respondents never applied for, nor obtained, a National Pollution Discharge
Elimination System ("NPDES") permit for subject truck wash.
25 .
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), and 35 III . Adm . Code 309 .102(a) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents,
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
B .
Finding that Respondents have violated the Act and regulations as alleged herein ;
C.
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations ; and
D.
Assessing against Respondents a civil penalty of fifty thousand dollars ($50,000)
for each violation of the Act other than violation of Section 12(f) of the Act, 415 ILCS 5/12(f)
(2000), and an additional penalty of ten thousand dollars
($10,000) for each day during which
each violation has continued thereafter, pursuant to
Section 42(a) of the Act, 415 ILCS
5/42(a)(2000) ; and a civil penalty of ten thousand dollars
($10,000) for each day upon which
there is a violation of Section 12(f) of the Act, 415
ILCS 5/12(f), pursuant to Section 42(b)(1) of
the Act, 415 ILLS 5/42(b)(1)(2004) .
COUNTIII
CONSTRUCTION PERMIT VIOLATION
1-21
. Complainant realleges and incorporates by reference herein paragraphs 1
through 21 of Count I as paragraphs 1 through 21
of this Count III .
22 .
Section 309 .202 of the Board's Water Pollution Control
Regulations, provide, in
pertinent part :
Section 309 .202
Construction Permits
Except for treatment works or wastewater sources which
have or will have discharges for
which NPDES Permits are required, and for which NPDES
Permits have been issued by
the Agency :
a)
No person shall cause or allow the construction of any new
treatment works,
sewer or wastewater source or cause or allow the modification
of any existing
treatment works, sewer or wastewater source without a construction permit
issued by the Agency . . .
23.
By failing to apply for and obtain a construction and operation permit from the
Illinois EPA for the facility's truck wash, the 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
10
source, and have thereby violated Section 12(a) of the Act, 415 ILLS 5/12(a) (2004), and 35 III
.
Adm
. Code 309 .202 .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents,
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
B.
Finding that Respondents have violated the Act and regulations as alleged herein ;
C .
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations ; and
D .
Assessing against Respondents 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 .
COUNT IV
AIR POLLUTION VIOLATIONS
1-9.
Complainant realleges and incorporates by reference herein paragraphs 1
through 8 and 21 of Count I as paragraphs 1 through 9 of this Count IV .
10.
Section 3
.115 of the Act, 415 IICS 5/3 .115 (2004), states :
"AIR POLLUTION" is the presence in the atmosphere of one or more
contaminants in sufficient quantities and of such characteristics and duration as to
be injurious to human, plant, or animal life, to health, or to property, or to
unreasonably interfere with the enjoyment of life or property .
11 .
Section 3 .165 of the Act, 415 ILCS 5/3 .165 (2004), states :
"CONTAMINANT" is any solid, liquid, or gaseous matter, any odor, or any form of
energy, from whatever source
.
11
follows :
12 .
Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), provides, in pertinent part, as
No person shall
a)
Cause or threaten or allow the discharge or emission of any contaminant
into the environment in any State so as to cause or tend to cause air
pollution in Illinois, either alone or in combination with contaminants from
other sources, or so as to violate regulations or standards adopted by the
Board under this Act ;
13 .
Section 201 .141 of the Board's Air Pollution Regulations, 35 III . Adm . Code
201 .141, provides, in pertinent part :
Prohibition of Air Pollution
No person shall cause or threaten or allow the discharge or emission of any
contaminant into the environment in any State so as, either alone or in
combination with contaminants from other sources, to cause or tend to cause air
pollution in Illinois, or so as to violate the provisions of this Chapter, or so as to
prevent the attainment or maintenance of any applicable ambient air quality
standard .
14 .
Section 501 .402(c)(3) of the Board's Agriculture Related Pollution Regulations, 35
III . Adm . Code 501 .402(c)(3) (1998), provides, in pertinent part, as follows
:
Location of New Livestock Management Facilities and
New Livestock Waste-Handling Facilities
c)
3)
Adequate odor control methods and technology shall be practiced by
operators of new and existing livestock management facilities and
livestock waste-handling facilities so as not to cause air pollution .
15 .
Special Conditions 5b and 5c of the facility's air permit for its incinerator, Per No .
109809 AAc, provide, in pertinent part, as follows :
5b .
The afterburner combustion chamber shall be preheated to at least the
manufacturer's recommended temperature but no less than the
temperature at which compliance was demonstrated in the most recent
12
compliance test before the incineration process is begun
. This
temperature shall be maintained during the whole process
.
5c .
The afterburner shall be equipped with a continuous temperature
monitoring device which is installed, calibrated, maintained, and operated
according to vendor's specifications at all times that the afterburners are in
use .
16 .
On March 2, 2004, the Illinois EPA conducted an inspection of the facility 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
.
17 .
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 .
18 .
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
.
19 .
At the time of the inspection, and on dates better known to the Respondents, the
facility operated 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 . Pursuant to the permit, the afterburner must be
preheated and maintained at the recommended temperatures to prevent the emission of noxious
odor . The crematorium feed rate and the operating hours are to be recorded
. These records
13
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
.
20.
Based on discussions with facility personnel, Illinois EPA inspectors ascertained
that the facility failed to pre-heat and obtain and maintain requisite 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 Respondents to the Illinois EPA, indicate that it was standard procedure that
the facility personnel load animal carcasses prior to pre-heating the incinerator .
21 .
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 .
22. By failing to properly operate the facility's incinerator, Respondents have caused
or allowed the discharge or emission of odor, an air contaminant, into the environment so as to
cause or tend to cause air pollution, and have thereby violated Section 9(a) of the Act, 415 ILCS
5/9(a), 35 III . Adm . Code 201 .141, and 35 III . Adm . Code 501 .402(c)(3).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents,
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
B.
Finding that Respondents have violated the Act and regulations as alleged herein ;
C.
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations ; and
14
D.
Assessing against Respondents 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
.
COUNT V
AIR PERMIT VIOLATIONS
1 .
This Count is brought on behalf of the People of the State of Illinois, ex rel. Lisa
Madigan, the Attorney General of the State of Illinois, on her own motion pursuant to Sections
42(d) and (e) of the Illinois Environmental Protection Act ("Act"),
415 ILCS 5/42(d), (e) (2000) .
2-21
. Complainant realleges and incorporates by reference herein paragraphs 2
through 21 of Count IV as paragraphs 2 through 21 of this Count V .
22 .
Section 9(b) of the Act, 415 ILCS 5/9(b), provides, in pertinent part, as follows :
Sec . 9. Acts prohibited
. No person shall .
(b)
Construct, install, or operate any equipment, facility, vehicle, vessel, or
aircraft capable of causing or contributing to air pollution or designed to
prevent air pollution, of any type designated by Board regulations, without
a permit granted by the Agency, or in violation of any conditions imposed
by such permit
;
23 .
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)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents,
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
15
B .
Finding that Respondents have violated the Act and regulations as alleged herein
;
C .
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations ; and
D .
Assessing against Respondents 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
.
COUNT VI
OPEN BURNING OF VETERINARY MEDICAL WASTE
1-12 . Complainant realleges and incorporates by reference herein paragraphs 1
through 12 of Count IV as paragraphs 1 through 12 of this Count VI
.
13 .
Section 9(c) of the Act, 415 ILCS 5/9(c) (2004), states, in pertinent part
:
No person shall :
(c)
Cause or allow the open burning of refuse, conduct any salvage operation
by open burning, or cause or allow the burning of any refuse in any
chamber not specifically designed for the purpose and approved by the
Agency pursuant to regulations adopted by the Board under this Act
. . .
14 .
Section 237
.101 of the Board's Air Pollution Regulations, 35 III . Adm
. Code
237 .101, provides, in pertinent part :
"Open Burning"
: The combustion of any matter in such a way that the products of
the combustion are emitted to the open air without originating in or passing
through equipment for which a permit could be issued under Section 9(b) of the
Act (Environmental Protection Act, (III . Rev . Stat . 1981, ch
. 111 1/2, par .
1009(b)) .
"Refuse" : Any discarded matter
; or any matter which is to be reduced in volume,
or otherwise changed in chemical or physical properties, in order to facilitate its
discard, removal or disposal .
16
15.
Section 237 .102 of the Board's Air Pollution Regulations, 35 Ill . Adm . Code
237 .102, provides, in pertinent part :
No person shall cause or allow open burning, except as provided in this Part
.
No person shall cause or allow the burning of any refuse in any chamber
or apparatus, unless such chamber or apparatus is designed for the purpose of
disposing of the class of refuse being burned .
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 design for such waste
.
18 .
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(c) (2004), and 35 III .
Adm
. Code 237 .102 .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents,
A .
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein
;
B.
Finding that Respondents have violated the Act and regulations as alleged herein
;
C .
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations
; and
D.
Assessing against Respondents 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 .
17
COUNT VII
NPDES STORM WATER PERMIT VIOLATIONS
1 .
This Count is brought on behalf of the People of the State of Illinois, ex rel. Lisa
Madigan, the Attorney General of the State of Illinois, on her own motion pursuant to Sections
42(d) and (e) of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/42(d), (e) (2000) .
2-8.
Complainant realleges and incorporates by reference herein paragraphs 2 and 4
through 9 of Count I as paragraphs 2 through 8 of this Count VII .
9.
Section 12(f) of the Act, 415 ILCS 5/12(f) (2004), provides, in pertinent part, as
follows:
No person shall :
(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 .
10 .
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, including 40 CFR 122 .26 .
18
11 .
Storm water discharges are regulated by 40 CFR 122 .26, which requires a person
to obtain an NPDES permit and to implement a storm water pollution prevention plan for
construction activity including clearing, grading and excavation :
(a)
Permit requirement .
(1)
Prior to October 1, 1994, discharges composed entirely of storm water
shall not be required to obtain a NPDES permit except :
(ii) A discharge associated with industrial activity (see ยง 122 .26(a)(4)) ;
# f f
(4)
Discharges through large and medium municipal separate storm sewer
systems. . . .
(9)
(b)
Definitions
.
(i) On and after October 1, 1994, for discharges composed entirely of
storm water, that are not required by paragraph (a)(1) of this section to
obtain a permit, operators shall be required to obtain a NPDES permit only
if:
(B)
The discharge is a storm water discharge associated with
small construction activity pursuant to paragraph (b)(15) of
this section;
(14)
Storm water discharge associated with industrial activity means the
discharge from any conveyance that is used for collecting and conveying storm
water and that is directly related to manufacturing, processing or raw materials
storage areas at an industrial plant . . . . The following categories of facilities are
considered to be engaging in "industrial activity" for purposes of paragraph (b)(14) :
(x) Construction activity including clearing, grading and excavation, except
operations that result in the disturbance of less than five acres of total land
area. Construction activity also includes the disturbance of less than five
acres of total land area that is a part of a larger common plan of
19
development or sale if the larger common plan will ultimately disturb five
acres or more ;
(15)
Storm water discharge associated with small construction
activity means
the discharge of storm water from :
(i)
Construction activities including clearing, grading,
and excavating
that result in land disturbance of equal to or greater than
one acre
and less than five acres . Small construction activity also
includes
the disturbance of less than one acre of total land area that is part
of a larger common plan of development or sale if the larger
common plan will ultimately disturb equal to or greater than one
and less than five acres .
1 { f
12.
Section 309 .102(a) of the Board's Water Pollution Regulations,
35 Ill . 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 .
13. Section 12(f) of the Act, 415 ILCS 5/12(f) (2002),
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
.
14.
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 .
20
15 . 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 .
16 .
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 .
17. 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, the Respondents have violated Section 12(f) of the Act, 415 ILCS 5/12(f)
(2002), and Section 309.102(a) of the Board's Water Pollution Regulations, 35 III . Adm . Code
309.102(a) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents,
A. Authorizing a hearing in this matter at which time the Respondents will be required
to answer the allegations herein ;
21
B .
Finding that Respondents have violated the Act and regulations as alleged herein ;
C .
Ordering Respondents to cease and desist from any further violations of the Act and
associated regulations
; and
D .
Assessing against Respondents a civil penalty of fifty thousand dollars ($50,000)
for each violation of the Act other than violation of Section 12(f) of the Act, 415 ILCS 5/12(f)
(2000), and an additional penalty of ten thousand dollars ($10,000) for each day during which
each violation has continued thereafter, pursuant to Section 42(a) of the Act, 415 ILCS
5/42(a)(2000)
; and a civil penalty of ten thousand dollars ($10,000) for each day upon which
there is a violation of Section 12(f) of the Act, 415 ILCS 5/12(f), pursuant to Section 42(b)(1) of
the Act, 415 ILCS 5/42(b)(1)(2004) .
COUNT VIII
FAILURE TO REPORT RELEASE
1 .
This Count is brought on behalf of the People of the State of Illinois, ex rel. Lisa
Madigan, Attorney General of the State of Illinois, on her own motion, pursuant to Sections 42(d)
and (e) of the Illinois Environmental Protection Act ("the Act"), 415 ILCS 5/42(d) and (e) (2004)
.
2-20
.
Complainant re-alleges and incorporates herein by reference paragraphs 2 and 4
through 21 of Count I as paragraphs 2 through 20 of this Count VIII .
21 .
The authority for the implementation and authorization of the livestock waste
release reporting requirements includes Section 18 of the Illinois Livestock Management
Facilities Act ("LMFA"),
510 ILCS 77/18 and Section 4(h) of the Illinois Environmental Protection
Act, 415 ILCS 5/4(h) (2004) . 35 III
. Adm . Code Part 580 .
22 .
Section 4(h) of the Act, 415 ILCS 5/4(h) (2004), provides, in pertinent part, as
follows
:
22
(h)
The Agency shall have authority to require the submission of complete
plans and specifications from any applicant for a permit required by this
Act or by regulations thereunder, and to require the submission of such
reports regarding actual or potential violations of the
Act or of regulations
thereunder, or of permits or terms or conditions thereof, as may be
necessary for purposes of this Act .
23 .
Section 580 .104 of the Board's regulations, 35 III
. Adm. Code 580 .104, provides,
in pertinent part, the following definitions :
"Livestock waste" means livestock excreta and associated
feed losses, bedding, wash
waters, sprinkling waters from livestock cooling,
precipitation polluted by falling on or
flowing onto an animal feeding operation, and other materials polluted by livestock
.
"Livestock waste handling facility" means individually
or collectively those immovable
constructions or devices, except sewers, used for collecting,
pumping, treating, or
disposing of livestock waste or for the recovery of by-products from the livestock waste
. .
24.
Section 580 .105 of the Board's Agriculture Related Water
Pollution Regulations,
35 III
. Adm . Code 580 .105, provide, in pertinent part, as follows :
Method of Reporting a Release of Livestock Waste from a Lagoon
a)
An owner or operator of a livestock waste handling facility
shall report any
release of livestock waste from the lagoon within 24
hours after the
discovery of the release
. Reports of releases to surface waters, including
to sinkholes, drain inlets, broken subsurface drains
or other conduits to
groundwater or surface waters, shall be made upon discovery of the
release, except when such immediate notification will impeded the owner's
or operator's response to correct the cause of the release
or to contain the
livestock waste, in which case the report shall be made
as soon as
possible but no later than 24 hours after discovery
.
b)
The report required under subsection (a) shall be given
to the Illinois
Environmental Protection Agency through the Illinois Emergency
Management Agency . . . :
25.
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,
23
Respondents Pinnacle and Professional Swine Management have violated Section 4(h) of the
Act, 415ILCS 5/4(h) (2004), and 35 III
. Adm . Code 580 .105 .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
request that the Board enter an order against the Respondents,
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
B.
Finding that Respondents have violated the Act and regulations as alleged herein ;
C .
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations ; and
D .
Assessing against Respondents 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.
Respectfully submitted,
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
Of Counsel :
JANE MC BRIDE
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : l 0 /
BY:
24
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
