ILLINOIS POLLUTION CONTROL BOARD
    March
    6,
    1980
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Complainant,
    PCB
    79—59
    JAMES
    RALSTON,
    Respondent,
    MS.
    MARY E.
    DRAKE,
    ASSISTANT
    ATTORNEY
    GENERAL,
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    MR.
    JAMES
    RALSTON
    APPEARED
    PRO
    SE,
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Dr.
    Satchell):
    This matter comes before the Board
    upon a
    complaint filed
    on
    March
    19,
    1979 by the Environmental Protection Agency
    (Agency).
    The comolaint alleges violations of Section 12(a)
    of
    the Environ-
    mental Protection Act
    (Act)
    and Rules
    203,
    401 and 403 of Chapter
    3:
    Water Pollution
    (Chapter 3).
    Count III apparently was meant
    to allege a violation of NPDES provisions
    of Section
    12(f)
    of the
    Act and Chapter
    3; however,
    the count
    is deficient in information
    and will be dismissed.
    A hearing was held on December 12,
    1979.
    At the hearing a statement
    of stipulated facts was presented to
    the Board,
    Respondent owns and operates
    a farm which
    is located approx-
    imately two miles north of the Village of Hettick, Macoupin County,
    Illinois.
    Respondent raises hogs and cattle at his
    farm.
    Respond-
    ent raises approximately 200 to 300 hogs
    in a confinement facility
    and about 350 head of cattle are raised on
    a three acre lot direct—
    ly north and northwest of the Ralston
    farm,
    Mr.
    Ralston also has
    1500 acres of cropland,
    Adjacent
    to the hog confinement facility is a ravine which
    flows
    to a tributary of Solomon Creek.
    The ravine and the trib-
    utary of Solomon Creek flow intermittently and are,
    along with
    Solomon Creek, waters of the State of Illinois.
    Hog manure from
    the confinement facility is stored in
    a pit located under the
    slatted floor of the facility at Respondent~s farm,
    During the day on July
    5,
    1978 the Respondent~semployee,
    at
    the direction of Respondent, pumped approximately 15,000 gallons
    of hog manure from the pit located under the floor of the con-
    finement facility to the ravine.
    On July
    7,
    1978 a former Agency
    37—451

    —2—
    insoector, Bruce Goff,
    investigated Respondent’s
    farm.
    Mr. Goff
    made observations, took
    photographs
    and
    collected
    samples.
    Mr.
    Goff observed
    where
    the
    manure
    had
    been
    pumped
    and
    stream
    con-
    ditions
    downstream.
    The liauid hog manure, which had been pumped into the ravine,
    flowed down one side of the ravine and ended up in the tributary
    of Solomon Creek.
    At one point on the tributary the manure was
    about six inches deep.
    The tributary was completely filled for
    about 100 yards.
    It is about 1800 yards from the point where the
    manure entered the tributary from the ditch to the point where
    the tributary feeds into Solomon Creek,
    Upstream from the tributary, Solomon Creek was in good con-
    dition.
    The water was clear and the stream bottom contained sand
    and gravel.
    At a point approximately ten yards upstream of
    Solomon Creek’s confluence with the tributary water samples showed:
    COD
    14
    mg/l
    NH3-N
    .1 mg/i
    In the tributary itself samples showed:
    COD
    224,800
    mg/i
    NH3—N
    37,000
    rng/l
    Just above to the tributary’s entry to Solomon Creek on July
    7,
    1978 there was only a trickle of
    flow.
    There were no manure solids
    but the flow was very turbid and had a strong odor of hog manure.
    Samples taken at this point showed:
    COD
    3217
    mg/l
    NH3-N
    360
    mg/i
    Downstream of the confluence after approximately two or three yards
    the stream bottom did not have sludge deposits or bacterial growth.
    At
    a point approximately fifteen yards downstream of the conflu-
    ence samples showed:
    COD
    25
    mg/i
    NH3-N
    .8 mg/i
    By the time Solomon Creek reaches a Township Road Bridge north of
    Hettick the stream apoeared to be in good condition with clear
    water and a sand and gravel bottom.
    A water sample showed NH3
    as
    .6 mg/l.
    ‘37—452

    —3—
    The hog manure has been and will be washed out of the ditch
    and go to the tributary of Solomon Creek whenever there is a
    significant amount of rainfall.
    This results in greater loads
    of pollution in the waters of Illinois.
    The stipulation provides that on July
    5,
    1978 all of Respond-
    ent’s cropland was in crops and it had been a wet spring
    so he had
    disposed
    of the hog manure
    in the ravine.
    Commercial disposal
    companies charge $.07 per gallon of waste
    to dispose of liquid hog
    manure.
    It would have cost Respondent
    $1050 to dispose of 15,000
    gallons of liquid manure if he had hired
    a commercial disposal
    company to dispose of it.
    The Board finds that Respondent has violated Section 12(a)
    of
    the Act and Rules
    203,
    401 and 403 of Chapter
    3.
    The samoles from
    the tributary show ammonia nitrogen greatly in excess of the stan-
    dard 1.5 m~/l.
    There was also unnatural sludge or bottom deposits,
    odor and unnatural cc~1oror turbidity
    in the tributary and for a
    short distance in Solomon Creek.
    A heavy rainfall could greatly
    increase the degree of the violations.
    In considering the factors
    of Section 33(c)
    of the Act the Board notes that the ravine and
    the tributary were heavily polluted with the potential for even
    further pollution with rainfall,
    Downstream in Solomon Creek the
    water became clear again.
    As stated in the stipulated
    facts, other
    economical means
    of disposal were available
    to Respondent.
    Cer-
    tainly Respondent’s hog raising operation
    is of economic importance
    and value.
    Clearly the value
    is less when water pollution results.
    The location of Respondent’s farm is not in issue.
    The Agency in its closing argument asks that the $1050 cost
    of commercial disposal be considered
    as the amount saved by Re-
    spondent and thus the amount of penalty.
    However, Respondent did
    have other cheaper means available with planned disposal on his
    farm.
    Resoondent admits dumoing the waste hut states that he
    thought
    that
    placing
    the waste a half a mile from the main stream
    would not cause harm.
    Respondent states that he will refrain from
    this method of disposal
    in the future.
    The Board
    finds that a
    penalty of $300 will be sufficient to aid the enforcement of the Act.
    This Opinion constitutes the Board’s findings of fact and
    conclusions
    of law
    in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    James Ralston
    is found to be in violation of Section
    37—453

    —4—
    l2(a~ of the Environmental Protection Act and Rules
    203,
    401
    and
    403
    of
    Chapter
    3:
    Water
    Pollution.
    2.
    Within thirty-five days of the date of this Order,
    Respondent shall, by certified check or money order
    payable
    to the State of Illinois, pay a civil penalty
    of $300 which is
    to he sent to:
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
    2200 Churchill Road
    Springfield, Illinois 62706
    Mrs. Anderson abstains.
    I, Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Contrdl
    Board,
    he
    ~by
    certify
    the
    above
    Opinion
    and
    Order
    were
    adopted
    on
    the
    T~
    day
    of
    ___________,
    1980 by a vote of
    Illinois Pollution
    trol Board
    37—4 54

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