ILLiNOIS POLLUTION CONTROL BOARD
    June
    6,
    1972
    ENVIRONMENTAL PROTECTION AGENCY
    v.
    )
    #
    71—319
    HOLLAND ICE CREAM
    & CUSTARD CO.
    )
    (WAREHAI4’S DAIRY)
    Supplementary Opinion of the Hoard
    (by Mr. Currie):
    On February
    3, 1972 we found the respondent dairy in
    violation of certain provisions with respect to wastewater
    discharges and ordered
    the
    submission of
    a control program by
    Marchi.
    On February 25 the company requested an extension of
    60 days for reasons we found sufficient in a second order
    issued March
    28.
    On April
    30 the dairy sent to us and to the
    Agency its program, providing for disposal of the effluent
    on 90 acres of agricultural land by spray irrigation.
    De-
    tailed design work was to begin May 1 and to take no more than
    four months, and the $50,000 project cost had been approved
    by
    the Board of Directors.
    The company said it would begin
    construction
    “as
    soon
    as
    proper permit can be obtained” and would
    “push
    the project in every way we can to completion.”
    Request
    was made for “time to move ahead and construct an acceptable
    facility.”
    The Agency has reviewed the program and found it satisfactory,
    recommending that it be approved on condition that recommended
    standards of the Great Lakes-Upper Mississippi River Board of
    State Sanitary Engineers be followed to assure protection
    against contamination of ground or surface waters among other
    things;
    that
    a
    permit
    be obtained by August 31; and that the
    facilities be
    in operation “at the earliest possible date
    thereafter.”
    We
    are
    convinced
    the
    company
    is
    moving
    diligently
    to
    solve
    its
    problem
    and approve the program subject to conditions
    similar
    to
    those suggested by the Agency.
    Following the
    GLUMRB
    criteria
    is
    necessary
    to
    avoid
    pollution.
    The
    August
    31 date
    is when the plans are to be completed according to
    the
    company,
    and
    we will
    require
    they
    be
    submitted
    with
    a
    per-
    mit
    request by that date, but we cannot expect the Agency to
    finish its evaluation
    arid
    issue the permit then.
    We shall
    4
    -.
    64b
    require construction as quickly
    as
    practicable,
    hut
    will
    also
    require that
    a firm completion date he specified at the
    time
    of permit application, subject to EPA comment
    and Board approval.
    We will also,
    as earlier requested by the Agency,
    require
    a
    bond
    or other security to assure completion
    of the program.
    Finally,
    the question whether
    a money penalty should be
    imposed for the original violations remains open for decision,
    and we invite submissions by the parties
    on
    that issue, which we
    will decide when we pass upon the construction schedule.
    ORDER
    1.
    WAREHAM’S DAIRY, DIVISION OF HOLLAND DAIRY,
    INC.
    (“the
    company”)
    shall diligently pursue the program of spray
    irrigation described
    in
    its April
    30 report.
    2.
    Addendum No.
    2 Recommended Standards for Sewage
    Treat-
    ment Works, GLUMRB
    (1968 edition)
    shall be complied
    with
    in the design ‘and installation
    of these facilities.
    3.
    Design shall be completed,
    and complete plans submitted
    to the Agency
    with
    a permit application,
    as soon as practicable
    and in
    no
    event
    later
    than
    August
    31,
    1972.
    4.
    At
    the
    time
    of
    submitting
    such
    plans,
    the
    company
    shall
    set
    forth
    a
    firm
    schedule
    for
    completion
    of
    the
    facilities,
    which
    shall
    provide
    for
    operation
    as
    soon
    as
    is
    pr~acticable.
    5.
    The Agency shall comment upon
    such schedule within
    20 days
    after its receipt,
    and the Board shall thereafter make
    such
    further order as may be appropriate.
    6.
    Within 35 days after receipt of this order,
    the company
    shall post with the Agency
    a bond
    or other adequate security
    in the amount
    of
    $50,000
    to
    assure
    compliance
    with
    this
    order.
    7.
    All
    provisions
    of
    prior
    Board
    orders
    remain
    in
    full
    force
    and effect except as inconsistent with this order.
    I, Christan Moffett, Clerk of the Pollution Control Board,
    certify that the Board adopted the above Supplementary Opinion
    this
    6th
    day of June,
    1972, by a vote of
    _____
    4— 646

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