ILLINOIS POLLUTION CONTROL BOARD
January 22, 1987
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
v
)
PCB 86—94
RAYMOND LARSON, INDIVIDUALLY and
)
RAYMOND LARSON, d/b/a LARSON FARMS
Respondent.
MR. GERALD T. KARR, ASSISTANT ATTORNEY GENERAL APPEARED ON BEHALF
OF THE COMPLAINANT.
MESSRS. RAYMOND LARSON AND MR. H. CASE ELLIS APPEARED ON BEHALF
OF THE RESPONDENTS.
OPINION AND ORDER OF THE BOARD (by J. Marlin):
This matter comes before the Board on a six count complaint
filed on June 25, 1986 by the Illinois Environmental Protection
Agency (Agency). On October 29, 1986, the Agency filed a
Stipulation and Settlement Proposal (Stip.) which was signed by
the Agency and the Respondents. A hearing is this matter was
held on December 8, 1986; no members of the public were
present. At th~ hearing, the Agency presented the Stipulation
and Settlement Proposal as Exhibit #1 and requested that the
Board accept this proposal as written. CR. 5).
Respondent Larson owns and operates Respondent Larson Farms
which is a livestock operation located near Maple Park in DeKalb
County, Illinois. Respondent Larson Farms is operated as a sole
proprietorship. A lagoon, located on the property, was
constructed to collect run—off from a corn silage pile.
Respondents used the silage wastewater which was collected in the
lagoon for surface application to Respondents’ farmland. This
farmland is drained by a system of field tiles which discharge
into a ditch via 18—inch and 10—inch corrugated metal pipes.
This ditch in turn empties into Battle Creek, a water of the
State of Illinois. (Stip. p. 2—3).
The Agency’s Complaint alleged various violations of the
Environmental Protection Act (Act), Ill. Rev. Stat., 1985 ch. ill
par. 1001 et seq., and regulations promulgated thereunder.
The Respondents have stipulated to the following violations:
Count I
——
Fish Kill:
On or about November 20, 1982 and continuing intermittently
up until the date of filing of the complaint in this action,
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2
the Respondents caused, threatened, or allowed corn silage
wastewater to be discharged into Battle Creek. This includes
but is not limited to an occurrence on or about September 27,
1985 where Respondents allowed one discharge of corn silage
wastewater from its lagoon and farmland into Battle Creek.
An investigation on October 1, 1985 by the Department of
Conservation discovered the death of approximately 142,000
fish along a 3.75 mile stretch of Battle Creek. The
reasonable value of the fish killed and the amount to
investigate the kill totaled $8,865.03. By causing or
allowing such discharge, Respondents have altered the
chemical and biological properties of waters of the State
rendering such waters harmful or injurious to fish or other
aquatic life as well as rendering such waters harmful or
detrimental or injurious to public health, thus violating
Section 12(a) of the Act. (Stip. p. 3).
Count II
——
Unnatural Sludge:
On or about November 12, 1982 and continuing intermittently
until the date of the filing of the Complaint in this action,
Respondent’s discharges into Battle Creek have caused or
contributed to unnatural sludge, debris, odor or turbidity in
violation of Section 12(a) of the Act and 35 Ill. Adrn. Code
302.203 and 304.105. (Stip. p. 3—4).
Count III
——
Dissolved Oxygen:
On or about November 20, 1982 and continuing intermittently
until the date of filing of the Complaint in this action,
Respondents’ discharges into Battle Creek have caused or
contributed to dissolved oxygen levels which do not meet
water quality standards thereby in violation of Section 12(a)
of the Act and 35 Ill. Adm. Code 302.206 and 304.105 (Stip.
p. 4).
Count IV
——
Ammonia Nitrogen:
On or about November 20, 1982 and continuing intermittently
until the date of filing of the Complaint in this action,
Respondents’ discharges into Battle Creek have caused or
contributed to ammonia nitrogen levels being in excess of set
water quality standards, in violation of Section 12(a) of the
Act and 35 Ill. Adm. Code 302.212(a) and 304.105. (Stip. p.
4).
Count V
——
pH:
On or about November 20, 1982 and continuing intermittently
until the date of filing of the Complaint in this action,
Respondents’ discharge into Battle Creek have caused or
contributed to pH levels being outside the range set in the
water quality standards, in violation of Section 12(a) of the
Act and 35 Ill. Mm. Code 302.204 and 304.105 (Stip. p. 4).
75-46
3
Count VI
——
Hazard Created:
On or about November 12, 1982 and continuing intermittently
until the date of filing of the Complaint in this action,
Respondents have deposited corn silage wastewater on this
farmland in the vicinity of Battle Creek in such a place and
manner so as to create a water pollution hazard, in that as a
result of said deposits in excess of practical limits, the
corn silage wastewater, a contaminant, was discharged in
Battle Creek, thereby causing a violation of Section 12(d) of
the Act and 35 Ill. Adm. Code 501.405. (Stip. p. 4—5).
According to the Stipulation and Settlement proposal, the
Respondents have agreed to cease and desist from any and all
violations of the Act and the rules and regulations of the
Board. Respondents have also agreed to pay eight thousand eight
hundred and sixty five dollars and three cents ($8,865.03) to the
State of Illinois Wildlife and Fish Fund. (Stip. p. 6). The
Board notes that at hearing the Agency stated that this sum has
already been paid by the Respondents. (R. 4). In addition, the
Respondents have agreed to pay five hundred dollars ($500.00)
into the Environmental Protection Trust Fund within 30 days of
the Board’s adopting of this proposal. (Stip. p. 6).
In evaluating this enforcement action and proposed
settlement agreement, the Board has taken into consideration all
the facts and circumstances in light of the specific criteria
delineated in Section 33(c) of the Act and finds the Stipulation
and Settlement Proposal acceptable under 35 Ill. Mm. Code
103.180. Accordingly, the Board orders the Respondents to comply
with the Order set forth herein.
This Opinion and Order constitutes the Board’s findings of
fact and conclusions of law in this matter.
Order
It is the Order of the Illinois Pollution Control Board
that:
1. The Respondents have violated the following:
Count I:
Section 12(a) of the Act;
Count II: Section 12(a) of the Act and 35 Ill. Mm. Code
302.203 and 304.105;
Count III: Section 12(a) of the Act and 35 Ill. Mm. Code
302.206 and 304.105;
Count IV: Section 12(a) of the Act and 35 Ill. Adm. Code
302.212(a) and 304.105;
75-47
4
Count V: Section 12(a) of the Act and 35 Ill. Adm. Code
302.204 and 304.105;
Count VI: Section 12(d) of the Act and 35 Ill. Adm. Code
501.405.
2. The Respondents shall cease and desist from any and all
violations of the Illinois Environmental Protection Act (Ill.
Rev. Stat. 1985 ch. 111 1/2
,
par. 1001 et seq.) and Rules and
Regulations of the Board.
3. The Respondents shall pay eight thousand eight hundred and
sixty five dollars and three cents ($8,865.03) to the State
of Illinois Wildlife and Fish Fund.
4. Within 30 days of the date of this Order, the Respondents
shall, by certified check or money order payable to the State
of Illinois and designated for deposit into the Environmental
Protection Trust Fund, jointly and severally pay the
stipulated penalty of five hundred dollars ($500.00) which is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL 62706
5. The Respondent shall comply with all the terms and conditions
of the Stipulation and Settlement Proposal filed on October
29, 1986, which is attached hereto.
IT IS SO ORDERED.
J.T. Meyer dissented.
I, Dorothy N. Gunri, Clerk of the Illinois Pollution Control
Board, hereby certify that the ~4DoveOpinion and Order was
adopted on the
~2’~
day of
________________,
1986, by a vote
of
___________________________•/
/~_
/
4
- /
~
7~7
Dorothy M. Gz~inn, Clerk
Illinois Pollution Control Board
75-48
STATE OF ILLINOIS
)
A
•IM OCT
291986
COUNTY OF DEKALB
)
L1V.\L
BEFORE THE ILLINOIS POLLUTION CONTROL I
~LUT~ON
S1~TEC~
CONTROL
1~L~NO~S
BOAR~
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
V.
)
PCB 86—94
RAYMOND LARSON, individually and
RAYMOND LARSON d/b/a LARSON FARMS,
)
)
Respondents.
STIPULATION
AND
PROPOSAL FOR SETTLEMENT
NOW COMES Complainant, Illinois Environmental Protection
Agency, by its attorney, Neil F. Hartigan, Attorney General of
the State of Illinois, and Respondents Raymond Larson, indi-
vidually and Raymond Larson doing business as Larson Farms, by
its attorney H. Case Ellis and do hereby submit this Stipulation
and Proposal for Settlement. The parties agree the statement of
facts contained herein represents a fair summary of the evidence
and testimony which would be introduced by the parties if a full
hearing were held. The parties further stipulate that this
statement of facts is made and agreed upon for purposes of set--
tleinent 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 this or any other proceeding
except to enforce the terms hereof by the parties to this agree-
ment. This agreement shall be null and void unless the Illinois
—1—
75.49
Pollution Control Board (hereinafter “Board”) approves and dis-
poses of this matter on each and every one of the terms and con-
ditions of the settlement set forth herein.
AGREED STATEMENT OF FACTS
1. Complainant, Illinois Environmental Protection Agency
(hereinafter “Agency”), is an administrative agency established
in the executive branch of the State government by Section 4 of
the Illinois Environmental Protection Act (hereinafter “the
Act”), Ill.Rev.Stat., 1985 ch. 111—1/2, par. 1001 et ~g., and
charged, inter alia, with the duty of enforcing the Act, pursuant
to Title VIII thereof and recovering civil penalties pursuant to
Title XII thereof.
2. Respondent Raymond Larson owns and operates Larson
Farms, a livestock operation, which is located near Maple Park in
DeKaib County, Illinois.
3. Respondent Farms is operated as a sole proprietorship.
4. A lagoon is located on Respondents’ property which was
constructed to collect run-off from a corn silage pile.
5. Respondents have at all times pertinent to the complaint
which has been filed in this action used the collected silage
wastewater from the lagoon for surface application to the
farmland.
—2—
75-50
6. Drainage systems of filed tiles, which drain Respon-
dents’ farmland, discharge through an 18—inch and 10-inch corru-
gated metal pipe into a ditch which empties into Battle Creek,
County of DeKalb, Illinois, a water of the State of Illinois.
7. On or about November 20, 1982, and continuing intermit-
tently up until the time of filing of the Complaint in this ac-
tion, Respondents caused, threatened or allowed contaminants,
corn silage waste water, to be discharged into Battle Creek,
County of DeKalb, Illinois, a water of the State of Illinois, so
as to cause or tend to cause water pollution in Illinois. This
includes, but is not limited to, an occurrence on or about Sep-
teinber 27, 1985 where Respondents allowed the discharge of corn
silage waste water from its lagoon and farmland into Battle
Creek. An investigation on October 1, 1985 by the Department of
Conservation discovered the death of approximately 142,000 fish,
along a 3.75 mile stretch of Battle
Creek. The reasonable value
of the fish killed and the amount to investigate the kill totaled
$8,865.03. By causing or allowing such discharge Respondents
have altered the chemical and biological properties of waters of
the State rendering such waters harmful or injurious to fish or
other aquatic life as well as rendering such waters harmful or
detrimental or injurious to public health, thus violating Section
12(a) of the Act.
B. On or about November 12, 1982 and continuing intermit-
tently until the date of the filing of the Complaint in this ac-
tion, Respondents’ discharges into Battle Creek have caused or
contributed to unnatural sludge, debris, odor or turbidity in
—3—
75-51
violation of Section 12(a) of the Act and 35 Ill. Adm. Code
302.203 and 304.105.
9. On or about November 20, 1982 and continuing intermit-
tently until the date of filing of the Complainant in this ac-
tion, Respondents discharges into Battle Creek have caused or
contributed to dissolved oxygen levels being in excess of set
water quality standards, in violation of Section 12(a) of the Act
and 35 Ill. Adia. Code 302.206 and 304.105.
10. On or about November 20, 1982, and continuing intermit-
tently until the filing of the Complaint in this action, Respon-
dents’ discharges into Battle Creek have caused or contributed to
ammonia nitrogen levels being in excess of set water quality
standards, in violation of Section 12(a) of the Act and 35 Ill.
Adm. Code 302.2129a) and 304.105.
11. On or about November 20, 1982 and continuing intermit-
tently until filing of the Complaint in this action. Respondents
discharges into Battle Creek have caused or contributed to pH
levels being outside the range set in the water quality stan-
dards, in violation of Section 12(a) of the Act and 35 Ill. Adm.
Code 302.204 and 304.105.
12. On or about November 12, 1982 and continuing intermit-
tently until the filing of the Complaint in this action, Respon-
dents have deposited corn silage waste water on their farmland in
the vicinity of Battle Creek, County of DeKaib, Illinois, in such
place and manner so as to create a water pollution hazard, in
that as a result of said deposits in excess of practical limits,
—4—
the corn silage waste water, a contaminant, was discharged in
Battle Creek, thereby causing a violation of Section 12(d) of the
Act and 35 Ill. Adm. Code 501.405.
PROPOSAL FOR SETTLEMENT
As a result of the settlement discussions had between the
parties and of the actions taken by Respondents, the parties
believe that the public interest will be best served by resolu-
tion of this enforcement action under the terms and conditions
provided herein. This proposal is expressly conditioned upon and
effective only with the approval thereof in all respects by the
Board. All statements contained herein are agreed to for pur-
poses of settling this action only and shall be null and void and
of no effect in any further proceeding or cause or action if the
Board does not approve this proposal for settlement in its
entirety.
TERMS OF SETTLEMENT
RAYMOND LARSON and LARSON FARMS and the ILLINOIS ENVIRONMEN-
TAL
PROTECTION AGENCY have agreed to the following terms of Set-
tlement. These terms shall be in full settlement of the action
filed herein by the Agency and Respondents’ liability for all
violations alleged in the Complaint.
1. The Agency contends and Respondents admit the facts as
set out in the Complaint constitute the following violations of
the Act and Board Regulations:
—5—
75.53
Count I: Section 12(a) of the Act;
Count II: Section 12(a) of the Act and 35 Ill.
Adm. Code 302.203 and 304.105;
Count III:
Section 12(a) of the Act and 35 Ill.
Adin. Code 302.206 and 304,105;
Count IV: Section 12(a) of the Act and 35 Ill.
Adin. Code 302.212(a) and 304.105;
Count V: Section 12(a) of the Act and 35 Ill.
Adin. Code 302.204 and 304.105;
Count IV: Section 12(d) of the Act and 35 Ill.
Adiu. Code 501.405.
2. Respondents agree to cease and desist from any and all
violations of the Illinois Environmental Protection Act and Rules
and Regulations of the Illinois Pollution Control Board.
3. Respondents will pay eight thousand eight hundred and
sixty five dollars and three cents ($8,865.03) to the State of
Illinois Wildlife and Fish Fund.
4. The parties enter into this Stipulation and Proposal for
Settlement and Respondents agree to pay a penalty specified in
this paragraph in order to avoid the substantial costs, incon-
veniences and uncertainties of further litigation. In order to
resolve this dispute and as a condition of settlement, Respon-
dents agree to pay a penalty of five hundred dollars ($500.00)
into the Environmental Protection Trust Fund within thirty (30)
days from the date on which the Board adopts a final order ap-
proving, accepting and incorporating this Stipulation and Pro-
posal for Settlement. The Agency deems the payment to be appro-
priate to aid in the enforcement of the Act under the
circumstances.
—6--
75-cd
WHEREFORE, Complainant and Respondents jointly request that
the Board adopt and accept the foregoing Stipulation
and Proposal
for Settlement as written.
For Complainant
For Respondents
ILLINOIS
ENVIRONMENTAL
RAYMOND LARSON and
PROTECTION AGENCY
LARSON
FARMS
BY:
_~L~.__
BY :
t~~_~-41
çr4~
ph E. Svoboda
Rayjond Larson
1(~ ager
E orcement Programs
DATED:
~
DATED:
h
gsapl
—7—
CERTIFICATE OF SERVICE
I, GERALD T. KARR, an attorney hereby certify that I caused
true and accurate copies of the attached Stipulation and Proposal
for Settlement, to be served upon,
Mr. Michael Shevick
Hearing Officer
127 North Dearborn
Suite 930
Chicago, Illinois 60602
by causing said copies to be mailed to the addresses indicated
above
by first class
mail postage pre—paid, from 100 West Ran-
dolph Street, Chicago, Illinois 60601 on October 29, 1986.
GERALD T. KARR
Mr. H. Case Ellis
230 Corporate Corner
101 N. Virginia
Crystal Lake, Illinois 60014
—2—
75-56