ILLINOIS

POLLUTION

CONTROL BOARD

March 30,

1978

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

v,

)

PCB 77—112

BIG

FOOT

PACKING

COMPANY~ INC~.

an Illinois Corporat:±on,

)

Mr. Dean Hansell

Assistant

Attorney

General, appeared on behalf of

the

Complainant~

Lissner,

Rothenber;

Neif and

Barth,

Attorneys

at

Law

(Mr.

Henry

B.

Rothenberg,

of

coursel)

,

appeared

on

behalf

of

the

Respondent.

OPINION

AND

ORDER

CT

THE

LOARD

(by

Mr.

Werner)

This

matter

comes

before

the

Board

on

the

April

15,

1977

Complaint

brought

by

the

Illinois

Environmental

Protection Agency charging Big

Foot

Packing

Cornpanp with

violations

of

Rules

401(c),

403,

404(f)

and

405

of

Chapter

3~

Hater

Pollution

Regulations

and

Section 12(a)

of the

Illinois

Environmental

Protection

Act.

A

hearing

was

held

on

December 12,

1977.

The parties filed a Stipulation

and Proposal for

Settlement on January 21. 1978.

Big

Foot

Paclinc

Comoany

owns

and

operates

a

beef

slaughtering

facility located atE.

S.~ Route

14

near

State Line Road in Harvard,

Illinois.

The area surrounding

Big Foot~sMcHenry County plant is

predominantly

rurpi

There are

a few commercial buildings to the

west

along tJ~ S~Route

CT,

a gravel pit to

the south,

and residences to

the

east

along

State Lila Road.

The

beef

slaughterIng

facility

consists

of a

live animal holding

“confinement~

area.;

a kill floor

and carcass processing area,

a meat

cooling

and

storage

area

(with attached loading dock),

office

space,

and a

wastewater

Ireatment

works.

The wastewater treatment works

normally treats about 8,000 gallons

of process water from the slaughtering operation.

This

wastewater

treatment works consists of primary settling tanks,

extended aeration

activated sludge tanks,

and chlorination facilities.

29 —417

---

Effluent from the wastewater

treatment works is discharged into

a

gravity sewer,

from which

it flows into an intermittent stream

(Lawrence

Creek).

Lawrence

Creek

is

a

tributary

of

Piscasaw

Creek,

which

is

a

tributary

of the

Kishwaukee

River.

The

treatment

works was

designed

to treat wastewater generated by

the processing

ot

190

calves

per day,

or 100 calves and 20 cattle per

day.

However,

at

times,

the

Company

has processed 110 to 130 cattle

per

day.

Shock loading on the wastewater

treatment works under these

conditions resulted in organic

overloading.

(Stip.,

p.6)

The Agency first notified

the Company that its treatment works was

organically overloadeu and

that effluent quality was unacceptable in

1972.

Subsequent

attempts by the

firm

to

make

various

changes

in

its

treatment

process

did

no

markedly

improve effluent quality.

Consequently,

the

Agency

filed

a

Complaint

against

the

Respondent

which

alleged

that

the

effluent

discharged from

Big

Foot~s

wastewater

treatment

works

contained

contaminants

in

violation

of

various

effluent

limitations

delineated

in

the Board’s

Water Pollution Regulations.

The effluent

contained

visible

qxease,

scum,

color,

odor

and

turbidity;

excessive

fecal

coLiform and suspended

soLids;

and

five—day

biochemical

oxygen

demand

(BODr~)

in excess of

prescribed

limits.

a

In

lieu

of

a

C hearing

on

this

matter,

the

parties

submitted

a

Stipulation

of

Facts

and. Proposal for

Settlement

to

the

Pollution

Control

Board

for

approval.

Basically~.

~

sett,lement

agreement

provided

that

the

Company

will:

(1) construct

.a permanent

:LLow

equalization

tank as part of its treatment

works;

(2)

test

effluent

from

its

existing

treatment

works

for

ammonia

nitrogen to determine

the

appropriate

treatment system to bring its

effluent into

compliance

with

the Water Rules;

(3)

submit the requisite

permit

applications

.~

implement

the plan for additional wastewater

treatment

which is approved

by

the

Agency;

(4)

employ a certified

treatment

works operator;

(5) obtain an Operator’s Manual from its

consulting engineer;

PC) submit monthly progress

reports concerning

its

construction

program. and compliance

with all aspects of the

settlement

agreement;

and

(7) pay a stipulated penalty of

$2,000.00

rn

evaluating

than

enforcement

action and proposed settlement,

the

Board

has

taken

into

cons:Lderation

all the facts and

circumstances

in

light

of

fo~

specif:i.n

criteria

delineated

in

Section

33(c)

of

the

Act.

Incinerator,

mncu

v.

falinois

Pollution

Control

Board,

59

Ill.

2d

290,

319

N.E.

2d

794

(

974)

Accordingly,

the

Board

accepts the Stipulation

and

Proposal

for

Settlement

and.

~

Big

Foot

Packing Company in violation

of Rules

401(c),

403,

404(f)

and.

405

of

Chapter

3:

Water Pollution

Rules and

Regulations and Section 12(a)

of the Act from September

26,

1974 until

April

15,

1977.

The

Board

imposes the

stipulated penalty of $2,000.00

This

Opinion

and

Order

constitute

the

Board’

s

findings

of

fact

and conclusions

of

law

in

this

matter.

29

—418

---

a--

ORDER

It

is

the

Order

of

the

Illinois

Pollution

Control

Board

that:

1.

Big

Foot

Packing

Company

has

violated

Rules

401(c),

403,

404(f)

ana

405 of Chapter

Water

Pollution

Rules

and

Regulations

and

Section

12(a)

of

the

Act

from

September 26,

1974

until

April

15,

1977.

2.

Within

35

days

of

the

date

of this Order~

Big

Foot

Packing

Company

shall

pay

the

stipulated

penalty

of

$2,000~00

payment

to

be

made

by certified check

or

money

order

to;

State

of

Illinois

Fiscal Services Division

Illinois Environmental Protection

Agency

2200

Churchill Road

Springfield,

Illinois

62706

3.

Big

Foot

Packing Company shall comply with all the terms and

conditions of

the

Stipulation and Proposal for Settlement filed

January

25,

1978,

which

is

incorporated

by

reference

as

if

fully

set

forth

herein.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control

Board,

hereby certify the a~oveOpinion

and

Order

were

adopt

d

on

the

~~~day

of

_________,

1978

by

a

vote

of

~p

~

Illinois Pollution

trol Board