ILLINOIS POLLUTION CONTROL BOARD

February

7,

1985

ILLINOIS ENVIRONMENTAL

)

PRQTECTION AGENCY,

Complainant,

)

v.

)

PCB 84~-79

)

RUSSELL G, WAKE,

)

MR. ALLEN SAMELSO~,ASSISTANTATTORNEY GENERAL,

OPINION A~DORDER O~THE BOARD

(by J. Theodore Meyer):

This matter.comes before the Board on

a June 2O~ 1~984

com~latht

filed

by

the

Illinois Envi,~onmentalProte~tionAgency

(Agency)

which

alleged

that,

intermittenti~y,.

from

approximately

June,

1982

until

June

ZIl,

1984,

the Respondent

improperly

operated his livestock management facility

in violation

of

35

Ill. Mm, Code 304.106

(offensive discharges),. 304~,l20~(c)

~deoxy~enating wastes a~dsuspended solid~a), 302.203

~urinatur~1

sludge), 302.212(a)

4ammoiiia nAtro~en),5~l.403(b)

(surface

runotf

containment), ~Ol,402(c) (livestock ~dor;abatement) and

in

viol~tion of Section

9 and subsections 12(a)

and 12(d)

of

the

Illinois Environmental Protection Act

(Act),

A

hearing

was

held

on

November

15,

19844

TF~e Respondeflt

elected

not

to

be

presen~t tiaving

entered

into

a

pronosed

settlement

agreement

r~soiving

the

violations

apparently

to

hi~

satisfaction,

At

h~ring,

the

Con~piainant

sum ar:Irrd

the

proposed

settlement

and

a

properly

signed

copy

of

the

Stipu1ati~n

and

Proposal

for 3ett1er~ien~

was

incorporated

iota

t~e

record.

The

Resppndent,

Mr.

P~us~fl

G.

Wake

(Wake

kept

and

raised

livestock, specificaHy swine, on property ad~jacent

to the

Village

of Clear L~kein Sangamon County, Illinois,

This

facility eon~ti~utaa~ new

livestock

management

facility within

the. meaning o~35 Iii. Mm. Code 501.101 et ~

(Agriculture

Related ~o1lution).

An unnamed ~tream

orT~inates

at’ ~he east

side o~~he

Wake

facflity which is

a tributary to

Spring Creek,

The Complaint

contain~five counts.

•

The

first

two counts

allege that Respondent ~l.~o~edor

caused the discharge

of

effluent from his facility

~hich

was of unnatural

color and

tt~rbidity

in violation of Section 12~.a) of

the Act and Sections

304.106 and 302.203 of the WaLar

~ollution

l~egu1at~.cns.

ThQ

effluent

~as

a1~o)

a11~ed to

Coi~t1n

five d

h1cr?~n~ica1oxygen

62.503

---

demand

(BOD)

in excess of

50

~ç/I

and suspended solids

(SS) in

excess of 60 ~g/l.

Effluents, such~as this one,

with

dilution

ratios of less than five to one may not contain

more

than 10 i~g/1

BOD and

12

mgI1 55,

35

111. Adm. Code 304,120(c),

l~

addition,

the effluent exceeded the am~nonianitrogen li~ita?ions

o~f

15 7itg/1

contained in Section 302,2l~(a).

The third count charge~Res~onden~

with

failing to prevent

excessive outside surface runoff waters and with failing to

adequately direct runoff to an appropriate

disposal, holding or

storage area

in violation of Section 501.403(b).

As a result

contaminants were allegedly deposited so ~s to ~eate

a water

pollution hazard

in violation of subsections 12(a)

and 12(d)

of

the Act.

The fourth count alleged that Respondent had discharged

odors and other contaminants in sufficient quantities ah~dof such

characteristics and duration so as to unreasonably interfere with

the enjoyment of life or property

i~

vio1~tionof Section

9 of

the Act,

Fir~al1y. Respondent al1eg~d1y~op~Tated

th~faci1i~tywithin

50 yards

of

populat~dresideTitial a’re~and f~i1edto practic~

adequate odor control methods as~reqt1iredby ~Sect4on50~,402(c),

The proposed settlement agreement p~ovjdesthat the

Respondent admits the

violations alleged.

It

ts stfpulateo that

Respondent has terminated the use of this property~asa livestock

m~nagementfacility md

thus has ceased and desisted from any

further violations.

The Respondent also ~agrees~thatno livestock

management facility will

be established on this property

in the

future unless:

1) adequate and ~effective odor and water

gollution control meaeures are implemented and

2) the Agency

is

fiist

notified

in writing and written approval i~obtained for

such air and water

pollution

control measures,

The

Responder~t

also agrees to pay

a stipulated p~na1tyof six hundred dollars

($600.00) within ten days of this order.

In

evolt~atingthis enforcement

~action

and propos~ed

settlement agreement,

the Board has

takers j~itoconsideration all

of the facts and c~.rcumstancesin

l~ightof thespecific criteria

delineated

in section 33(c)

of the Act a~dfinds the~settlement

agreement acceptable under

35 III, A~ni,~Cod~

1Q3~180.

The Respondent

is hereby found

to ha~peviolated

Sections

9

and~subsections 12(a) and 12(d)~

~f

the I1li,~Qis

gn~vironmenta1

Prot~ctjonA~tand 35

Ui.

Adm. Code 304,106,

3O

4.12~(c),

302~203,302.212(a),

501,403(b) and 501,402,(c),

The Respondent

is

ordered to comply

with the terms and ~he conditions of the

proposed settlement agreement and to~pay

the stipulated penalty

of

six hundred

dpllars ($600.00),

This Opinion constitutes the Boatd~sfindings of

fact and

conclusions of law

in

this matter,

---

ORDER

It

is the Order of the Illinois Pollution Control Board

that:

1,

The

Respondent,

Russell

G,

Wake,

has violated 35 Ill.

Code

304,106,

304.120(c),

302.203,

3O2,212(a),

501,403(b)

and 501,402(c) and Section

9

and subsections

12(a) and 12(d)

of the Illinois

Environmental Protection

Act.

2,

Within

10 days of the date of this

Order,

the Respondent

shall,

by certified check or money order

payable to the

State of Illinois,

pay

the stipulated penalty of six

hundred dollars ($600.00) which is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois

61706

3,

The Respondent shall comply with all

the terms and

conditions

of

the

Stipulation

and

Proposal

for

Settlement filed on December

13,

1984, which

is

incorporated by reference as

if fully

set forth

IT IS SO ORDERED.

I, Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board hereby c~rtif~’tha~.

the above Order was

adopted on

the

7~Z

day of

~

1985 by

a vote

~thyM.’Gu~

Illinois Pollution Control Board

62~5O5