ILLINOIS POLLUTION CONTROL BOARD
November 7, 1974
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 74-49
CHICAGO-JOLIET LIVESTOCK MARKETING
CENTER, INC. a Delaware corporation,
)
Respondent.
Mr. James K. Jenks, II, attorney for Complainant.
Mr. Richard J. Kissel, attorney for Respondent.
OPINION AND ORDER OF THE BOARD (by Dr. Odell)
On January 28, 1974, the Illinois Environmental Pro-
tection Agency (Agency) filed a Complaint against Chicago—
Joliet Livestock Marketing Center, Inc. (Center) alleging
violations of Section 12 of the Illinois Environmental Protection
Act (Act) and certain rules in Chapter Three,~the Water Pollution
Regulations (Chapter Three). The Center operates a facility
for the trading and marketing of livestock in Elwood, Will
County, Illinois. The facility has a 5,000 daily capacity hog
house, a 10,000 daily capacity cattle house, and an office—
restaurant building. Each weekday, maintenance crews use high
pressure hoses to clean the animal pens. The wastewater flows
into manholes which feed lateral sewers. The sewers run from
the hog and cattle buildings into an on—site lift station which
pumps the waste into a 411,000-gallon holding tank. The material
in the holding tank is normally hauled away for land spreading,
but occasionally the tank has overflowed or been drained into a
nearby unnamed watercourse which is tributary to Grant Creek.
Grant Creek is tributary to the Des Plaines River.
On February 5, 1974, the Agency filed an eight—count
Amended Complaint. The Agency alleged that:
1. From January 17, 1973, until February 5, 1974,
Respondent caused or allowed inadequately treated human and
animal waste to be discharged into the unnamed watercourse caus-
ing water pollution in violation of Section 12(a) of the Act.
2. From January 17, 1973, until February 5, 1974,
Respondent operated its facilities to cause the discharge of
wastewater effluent composed of sewage, industrial waste, settle—
able solids, floating debris, oil, grease, and scum into the un-
named watercourse in violation of Rule 403 of Chapter Three and
Section 12(a) of the Act.
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3. On six specified dates from July 1973 until
January 1974, Respondent operated its facilities causing
unnatural color and odor to flow into the unnamed watercourse
in violation of Rule 203(a) of Chapter Three and Section 12(a)
of the Act.
4. On five specified dates from August 1973 until
January 1974, Respondent operated its facility causing deoxygenat-
ing wasted to be discharged into the unnamed watercourse
in
excess
of the standards of Rule 404(a) of Chapter Three and in violation
of Section 12(a) of the Act.
5. On seven specified dates from April 1973 u~ti1January
1974, Respondent operated its facility causing such amounts of
fecal coliform to be discharged into the unnamed watercourse as to
violate Rule 405 of Chapter Three and Section 12(a) of the Act.
6. Respondent constructed a new treatment works facility
on or about January 1, 1973, without obtaining a construction
permit from the Agency in violation of Rule 901(a) of Chapter Three
and Section 12(b) of the Act.
7. The new treatment works constructed about January 1,
1973, has been operating without an operating permit in violation
of Rule 902 of Chapter Three and Section 12(b) of the Act.
8. From January 17, 1973, until February 5, 1974,
Respondent constructed and installed, as part of the new treatment
works, new outlets to enable more contaminants to flow into the
unnamed watercourse without a permit in violation of Section 12(c)
of the Act.
A hearing took place on August 9, 1974, in Joliet, Illinois.
A Stipulation and Proposal For Settlement was read into the record.
No citizens appeared at the hearing (R.19). The Respondent admitted
violating Counts III through VIII of the Amended Complaint (para-
graphs 3 through 8, above)
,
agreed to pay a penalty of $5,000, and
submitted with the Agency a program of compliance. In pertinent
part, the Terms of Settlement stated:
“9.
. . .
This proposed settlement is expressly conditioned
upon, and effective only with approval thereof in all respects by
the Illinois Pollution Control Board. The parties further stipulate
that all statements contained herein shall be null, void and of no
effect and shall not be used in any further litigation in the event
that the Board fails to approve the following terms of settlement
in all respects:
“a. Respondent agrees to implement a waste treat-
ment program for the treatment of wastewater
from its hog and cattle facilities consisting
of the following elements:
(1) a screening unit to collect the solid
material from the wastewater.
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(2) an anaerobic lagoon on neighboring
land to the east of the Center with a
retention capacity at least equal to
6 months wastewater from the hog and
cattle facilities.
(3) a method of land application of the
waste from the anaerobic lagoon which
utilizes the spray irrigation or the
ridge and furrow method or a combina-
tion thereof.
(4) appropriate pipes and pumps needed to
implement the above system.
‘b. Respondent will specifically comply with all
appropriate portions of the Environmental Pro-
tection Act and Regulations adopted thereunder
with regard to obtaining construction and opera-
ting permits for the program outlined in sub—
paragraphs a(l) through (4) above. The permits
will be sought in the following manner:
(1) A permit application for the construction
of the anaerobic lagoon and appurtenances
was submitted by Respondent on August 6,
1974. The Agency issued a construct only
permit for these facilities on August 9,
1974. Construction shall be completed by
September 30, 1974.
(2) Respondent will submit, permit applications
for the remainder of the program (including
screening devices and method of land appli-
cation of waste from the anaerobic lagoon)
not later than October 15, 1974. The entire
wastewater disposal system described above
will be completed not later than June 1, 1975.
“c. Upon the completion of the anaerobic lagoon and
appropriate feeder pipes and pumps, all wastewater
from the cattle and hog facilities will be dis-
charged to the lagoon. There is to be no discharge
from the lagoon to the land application site until
such time as the entire program is completed and
properly permitted, as described above.
“d. The lagoon is to be sealed with clay material in
such a manner as to prevent contamination of the
ground water.
“e. The lagoon is to be maintained in an anaerobic
state until such time as facts exist which give
the Agency reasonable grounds to believe that a
violation of Section 9(a) of the Environmental
Protection Act has occurred. If the Agency so
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361
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believes, it will immediately notify Respondent
in writing as to its belief and the facts giving
rise thereto, said notice to be in writing to
any Officer or the Registered Agent of Respondent
by certified mail, return receipt requested. Upon
receipt of said notice, Respondent may demand a
conference with a representative of the Agency
fully empowered to act as described herein, said
conference to be held within three weeks of
receipt of notice by Respondent. If Respondent
is unable to demonstrate to the satisfaction of
the Agency’s Representative that the facts relied
upon are not sufficient to establish a violation of
Section 9(a) of the Act, then Respondent shall
immediately undertake to convert the lagoon to an
aerobid state, and/or implement such other measures
as the Agency reasonably believes are necessary to
abate odor from the lagoon. Nothing contained
herein shall be construed as a limitation upon
Respondent’s right to judicial review hereof as
provided by the Environmental Protection Act or
Regulations adopted thereunder, or upon the
Agency’s right to proceed to enforcement upon any
violation of the Act and appropriate Regulations
adopted thereunder.
“f. Respondent shall install, by no later than
September 30, 1974, two (2) monitoring wells near
the anaerobic lagoon. In addition, Respondent
shall install six (6) other monitoring wells
located in or proximate to the land application
site such that any ground water contamination may
be detected. Said wells shall be installed prior
to any land application from said anaerobic lagoon.
Respondent shall submit monthly reports to the
Agency on the last day of each month concerning the
condition of groundwater as monitored by said wells.
“g. Respondent shall dispose of the wastes presently
contained in its holding tank by on-site applica-
tion, no permit being required from the Agency
thereof. If disposal cannot be so accomplished
on site, the waste will be removed through proper-
ly permitted land disposal.
“h. Respondent shall provide the Agency with a written
statement by September 15, 1974, describing its
contractual arrangement with the nearby landowner
on whose site the program established above is to
be implemented.
“i. Respondent agrees to pay the State of Illinois
a penalty of $5,000 for the violations admitted.
“j.
Respondent shall obtain any and all other permits
14—3~
—5—
as may be required by the Environmental Protection
Act or other rules, regulations or statutes.”
We find that the Respondent has violated the regulations
and the Act as alleged in Counts III through VIII of the Amended
Complaint. We hold that violations of Counts I and II have not
been established. We accept the Stipulation and Proposal For
Settlement entered into between the parties. The program of com-
pliance will result in the control of contaminants from the
facility. The parties have dealt at arms length to resolve the
pollution difficulties. Finally, no member of the public appeared
at the hearing to oppose the settlement plan.
This constitutes the findings of fact and conclusions of
law of the Board.
ORDER
IT IS THE ORDER of the Pollution Control Board that:
1. Respondent cease and desist by June 1, 1975, from
violations of the Act and Regulations established in this Opinion.
2. Respondent pay a penalty of $5,000.00 for its violations
of the Act and Regulations established in this Opinion. Payment
shall be by certified check or money order payable to the State of
Illinois, Fiscal Services Division, Environmental Protection Agency,
2200 Churchill Road, Springfield, Illinois 62706. Payment shall be
made within 35 days of the adoption of this Order.
3. Respondent carry out the Terms of Settlement as con-
tained in the Stipulation and Proposal For Settlement, as also set
out in pertinent part in this Opinion.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that t e above Opinion and Order was ~dopted
on the
~
day of
_______________,
1974, by a vote of
~‘f
to
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