ILLINOIS
POLLUTION
CONTROL
BOARD
March
19,
1982
GILT
EDGE
FARMS, INC.,
Petitioner,
V.
)
PCB
81—85
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
ORDER
OF
THE
BOARD
(by D. Anderson):
On January
7,
1982 the Board entered an Opinion and
Order granting Gilt Edge Farms, Inc.
(GE)
a variance from
the Illinois Environmental Protection Act
(Act)
and Board
rules relating to odors
On February 5,
1982 GE requested
that the Board modify the condition relating to skimming of
floating debris from lagoons.
The Illinois Environmental
Protection Agency
(Agency)
filed a response in opposition
on February 9,
1982.
GE requests modification of the condition which requires
weekly skimming of floating materials from lagoon surfaces.
GE has pointed out that it is impossible to do this when the
lagoons are frozen,
that it is wasteful to skim if nothing
is
floating and that there is
a question
as to whether the
“ashlike
condition”
must
be
skimmed.
With
respect
to
this
last,
the
Board
intends
it
to
be
removed
if
it
can
be
removed
by
skimming.
Condition
3
of
the
January
7, 1982
Order
will
be
modified
to read as follows~
3.
Petitioner
shall observe its lagoons daily and
remove any floating material capable of removal
by skimming within 72 hours after its first appear-
ance, or as soon thereafter as weather conditions
permit skimming.
On February
9,
1982
the Agency filed a motion for modifi-
cation which
requested
the addition to the variance
of
five
conditions lettered
(a)
through
(e).
On February 18, 1982 GE
filed a response
in
opposition to proposed conditions
a,
b
and d.
On that
same
date the Agency filed a reply which
was
45-529
—2—
not accompanied by a motion for leave to reply
Procedural
Rule 308(c); R8O~l8,
5
II!, Reg~14,148,
effective December 3,
19813.
The Reply is stricken.
The additional conditions which are not disputed by GE
will be incorporated into the Order,
Pursuant to requested
condition (c), Condition
9 will be modified to read as
follows:
9.
On or before September
1,
1982
Petitioner
shall
report to the Illinois Environmental Protection
Agency concerning the success of its odor reduction
program.
This report shall
list further odor reduc-
tion
methods
which could
be
implemented
at
the
subject
site,
Pursuant to requested condition
(e), Condition 10 will be
inserted.
It wil:L read as follows:
10.
All requirements of this Order shall be conducted
pursuant to good engineering practice.
The conditions which the Agency requests and to which GE
objects are as follows:
a.
The Petitioner shall provide proper hydraulic
and anaerobic loading of the lagoons at the subject
site~
b.
The Petitioner shall monitor and record flow to,
and
BOD5
loading
of, the lagoons every three hours
for
14
days
and
twice
a
week
thereafter;
d.
The
Petitioner
shall
make
a
record
of
activities
performed
pursuant
to
this
Order
including
descrip-
tion
of
measurement
methods
and
submit
such
record
to the Illinois Environmental Protection Agency on
or before the fifth business day of each month;
Proposed
condition
(a) will not
be
included
because
of
uncertainty as to what the proper hydraulic and anaerobic
loading
of
the system is~. However, in order
to
determine the
proper loading, the Board will order additional monitoring
similar to that requested in paragraphs
(b)
and
(d).
This
will be set forth in
Conditions
7
and
8 of the Order,
The Order of January
7,
1982 is withdrawn and the following
Order substituted;
ORDER
Petitioner,
Gilt
Edge Farms,
Inc.,
is granted a variance
45—530
—3—
from Section 9(a)
of the Environmental Protection Act
(Act)
and Rule 102 of Chapter
2:
Air Pollution,
subject to the
following conditions:
1.
This variance will expire December 31,
1982.
2.
This variance will apply only to animal wastes at
Petitioner~shog facility situated in Section 10,
T27N,
R8E
of
the
4th
PM, Stephenson County.
This
variance will not apply to odors
from:
Petitioner~s
remote storage lagoon described in the Opinion;
lagoon
3; holding ponds
8 and 9; disposal of cheese
whey;
or land application of hog
wastes.
3.
Petitioner shall observe its lagoons daily and
remove any floating material capable of removal
by
skimming within
72
hours
after
its
first
appearance,
or
as
soon
thereafter
as weather conditions permit
skimming.
4,
Petitioner
shall
pump
solids
from pits below buildings
in order to prevent excess solids carryover into the
lagoons, and in any event no less often than the
following schedule:
a.
High volume pits
-
twice per year
b.
Low volume pits
-
annually.
5.
Petitioner shall use an odor—reducing additive
in
pits, lagoons and animal feed according to product
directions.
6.
Petitioner shall not cause or allow violations of
any applicable provisions of Chapter
7 or 9.
7.
Petitioner shall weekly estimate and record the
flow to, and monitor and record BOD5 loading of,
each lagoon.
8.
Petitioner shall make a record of activities per-
formed pursuant to this Order including a description
of measurement methods and submit such record to the
Illinois Environmental Protection Agency on or before
the fifth business day of each month;
9.
On or before September 1, 1982 Petitioner shall
report to the Illinois Environmental Protection
Agency concerning the success of its odor reduction
program.
This
report shall list further odor reduc-
tion methods which could be implemented at the subject
site.
45—53 1
—4—
10.
All requirements of this Order shall be conducted
pursuant to good engineering practice.
11.
Within forty-five days of the date of this
Order
Petitioner shall execute and forward to the Illinois
Environmental
Protection
Agency,
Variance
Section,
2200
Churchill
Road,
Springfield,
Illinois
62706,
a
Certificate
of
Acceptance
and
Agreement to
be
bound
to
al.
terms
and
conditions
of
this variance.
This
forty-five
day
period
shall
be
held in
abeyance
for
any
period
this
matter
is
being
appealed.
The
form
of
the
Certificate
shall
be
as
follows:
CERTIFl CATI ON
I,
(We), ________________________,
having read
and fully understanding the Order in PCB 81-85,
hereby
accept
that
Order
and
agree
to be bound by
all of its terms and conditions.
SIGNED
_______________
________
TITLE
__________________
____
DATE
_____________________
_______
IT
IS
SO
ORDERED.
Mr. Goodman concurred.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby cer ify that the above Order was adopted
on
the
_____
day
of
,
1982
by
a
vote of
C ristan L. Mo
C er
Illinois Polluti
ontrol
Board
45—532