ILLINOIS POLLUTION CONTROL BOARD

May 3, 1972

ENVIRONMENTAL PROTECTION AGENCY

v.

)

#

72—125

SWIFT & CO.

Opinion and Order of the Board (by Mr. Currie):

Swift moves to dismiss on the ground that the

complaint is overly vague. The governing considerations

are set forth in EPA v. Chicago Housing Authority, #71-320

(April 4, 1972), and need not be repeated here. The complaint

specifies odors from storage tanks for edible oil, raw materials

and, by reference to the statute, charges they were harmful.

This gives fair warning; pleading the details of evidence is

not required. It is also urged that due process forbids our

finding a violation without “objective testing for odors.”

We do not know whether or not EPA intends to introduce results

of such testing, so the argument is as premature as it is

without merit. Finally it is urged that equal protection has

been denied because the Board has prescribed an objective

odor test for rendering plants and for no one else. This argument

would disable the Board from adopting any numerical standards

until it has sufficient information to adopt them for all

potential sources. Such a position refutes itself.

The motion to dismiss is denied.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion and Order

this 3rd day of May, 1972, by a vote of

q—o

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