ILLINOIS POLLUTION CONTROL BOARD
    September 23,
    1983
    :ELLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    V.
    )
    PCB 82—149
    JACK—RICH,
    INC.,
    an
    Illinois corporation,
    Respondent.
    MR JAMES
    L. MORGAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    MRS. JACQUELINE BRANDENBURG,
    ATTORNEY AT LAW,
    APPEARED ON BEHALF
    OF THE RESPONDENT.
    OPINION
    AND
    ORDER OF
    THE
    BOARD
    (by W.
    J.
    Nega):
    This matter comes before the Board on the December 27,
    1982
    Complaint brought by the Illinois Environmental Protection Agency
    (Agency).
    Count
    I of the Complaint alleged that the Respondent allowed
    the discharge of effluent from the septic tank system of its
    livestock slaughtering plant
    (plant) into an unnamed tributary of
    Bear Creek (unnamed tributary)
    to have excessive concentrations
    of BOD (on April
    27,
    1981 and October 18,
    1982) and suspended
    solids (on April 27,
    1981)
    in violation of
    35
    Ill.,
    Mm. Code 304.104; 304.120(c);
    and Section 12(a) of the
    Illinois Environmental Protection Act
    (Act).
    Count II
    alleged that:
    (1) on July 16,
    1980, the Respondent
    allowed the discharge from the two gutters of the livestock
    holding pens of effluent containing manure solids;
    and
    (2) on
    April 27,
    1981 and October 18, 1982, effluents were discharged
    from its septic tank system which contained unnatural color,
    manure solids, and grease in violation of 35
    Ill.
    Adm. Code 304.106 and Section 12(a) of the Act.
    Count III alleged that,
    from July 16,
    1980 until December 27,
    1982,
    the Respondent has, as
    a result of wastewater discharges
    from
    the livestock holding pen gutters, deposited contaminants
    54-91

    —2—
    upon the hillside of an agricultural
    field that slopes to an
    unnamed receiving stream,
    thereby creating a water pollution
    hazard in violation of Section 12(d) of the Act.
    Count IV alleged that, on December 15,
    1981, the Re-
    spondent allowed the discharge of effluent from its plant which
    caused the dissolved oxygen level to be
    2.7 mg/i in Bear
    Creek downstream of its discharge;
    and, on July 28,
    1981,
    September 28,
    1981, December 15,
    1981, and October 18,
    1982,
    caused excessive concentrations of ammonia nitrogen in nearby
    waters in violation of 35
    Ill.
    Adm. Code 302.206;
    302.208;
    304.105 and Section 12(a)
    of the Act.
    Count
    V
    alleged that the Respondent discharged effluents
    into receiving waters on July 16,
    1980,
    April
    27,
    1981, July 28,
    1981,
    September 21,
    1981, September 22,
    1981,
    September 28,
    1981,
    December 14,
    1981,
    December 15,
    1981,
    and October 18,
    1982, which caused the waters to contain floating manure solids,
    grease,
    unnatural color, odor, and turbidity,
    sludge deposits
    and unnatural plant or algal growth in violation of 35 Ill.
    Adm. Code 302.203;
    304.105 and Section 12(a)
    of the Act.
    Count VI alleged that,
    from July 16,
    1980 until December 27,
    1982,
    the Respondent has allowed discharges
    from its
    plant
    to occur without the requisite NPDES Permit from the Agency
    in violation of
    35 Ill.
    Adm.
    Code 304.141(b);
    309.102; and
    Section 12(f)
    of the Act.
    Hearings were held on March
    25,
    1983 and May 2,
    1983.
    The parties filed
    a Stipulation and Proposal for Settlement
    on May
    6,
    1983.
    On June 16,
    1983,
    the Board entered an Interim
    Order which requested additional information as to the nature
    and size of the Respondent’s operation, the extent of the
    environmental damage,
    and the reasons for setting the proposed
    penalty at the $3,000.00 figure.
    On August
    3,
    1983,
    the Agency
    filed a Motion for Extension of Time which requested additional
    time to respond to the Board’s Interim Order.
    On August 18,
    1983, the Board granted the Agency’s motion.
    On August 23,
    1983,
    the parties filed a Revised Stipulation and Proposal
    for Settlement
    (Stip.) which included additional information
    and copies of the Respondent’s U.S. Corporation Income Tax
    Returns for 1980,
    1981, and 1982
    (as well
    as a letter
    from
    the Respondent’s certified public accountants).
    The Respondent,
    Jack—Rich,
    Inc., owns and operates a meat
    packing plant called Diamond Meat Packers which is located
    near Carlinville, Macoupin County,
    Illinois.
    The number of
    employees at the Respondent’s plant fluctuates between 100
    and 160 persons depending on general business conditions and
    seasonal factors.
    The Respondent is an Illinois corporation
    and was incorporated in 1971.
    (Stip.
    2).
    54-92

    —3—
    In its processing plant, between 200 to 500 hogs per day are
    slaughtered and processed for sale in the United States and
    abroad.
    The Respondent’s slaughtering process consists of
    stunning the hogs with electricity, cutting the hogs’
    throats and
    draining their blood,
    chilling the carcasses,
    and then butchering
    the carcasses into the desired cuts.
    (Stip.
    2).
    Washdown water
    from the hog processing areas and the kill room is transported to
    a septic tank tile field system.
    Blood from the kill room was
    discharged
    to the septic tank tile field system prior to the fall
    of 1982.
    However,
    since the fall of 1982, Jack—Rich,
    Inc. has
    started collecting this blood
    for pick—up by a firm dealing
    in
    livestock byproducts.
    Hair from the dehairing process, viscera,
    and other inedible process byproducts
    are also collected by the
    Respondent for pick—up by various firms dealing in livestock
    byproducts,
    (Stip.2—3),
    Since July 16,
    1980, effluent from the Respondent’s
    processing plant has
    been
    transported
    to
    a
    septic
    tank
    tile
    field
    system and then discharged to
    an unnamed receiving stream which
    is tributary to Bear Creek,
    Additionally, effluent from
    livestock holding pens has been collected in two gutters and then
    discharged to a hillside above the unnamed tributary.
    The
    unnamed receiving stream extends for about
    200 feet before
    joining the unnamed tributary of Bear Creek at a point
    approximately 400 to 500 feet south of Illinois State Highway
    108.
    The unnamed tributary, which has a width of about
    4 to
    6
    feet and extends about 1/2 mile from its juncture with the
    unnamed receiving stream before reaching Bear Creek, originates
    north of Illinois State Highway 108 and receives drainage from
    the general highway area,
    Various areas along this unnamed
    tributary and near Bear Creek are used as pastures for livestock.
    (Stip.
    3).
    On July 11,
    1980,
    an employee of the U.S. Department of
    Agriculture Livestock Inspection Service complained to the Agency
    about two improper wastewater discharges occuring at the
    Respondent’s plant.
    (Stip.
    6).
    Residents who live in the
    vicinity of the Respondent’s facility have also complained to the
    Agency on separate occasions about strong odors and unnatural
    colors
    in Bear Creek downstream of the plant.
    (Stip.
    6—7).
    It
    is stipulated that, on various specified dates,
    excessive
    concentrations of ammonia nitrogen, suspended solids,
    and BOD
    (as well as manure solids,
    grease,
    sludge deposits, hair, animal
    tissue, and unnatural odors,
    turbidity,
    and color) were present
    in receiving waters due to improper effluent discharges from the
    Respondent’s plant.
    (Stip.
    4-6).
    The Respondent’s Federal income tax returns indicate that
    Jack—Rich,
    Inc. had total assets of $1,376,695.00 in 1982.
    As
    indicated in the
    letter dated August 12,
    1983 submitted by the
    Respondent’s certified public accountants, Jack—Rich,
    Inc. has
    54-93

    —4—
    experienced “severe shortages of working capital for the past few
    years” as shown by negative cash balances and bank note balances.
    The company showed a loss of $140,161.00 in 1980.
    In
    1981, the
    Respondent had a taxable income of $138,111.00, while in 1982
    there was a taxable income of $130,898.00.
    Although sales
    increased from $8,034,016.00 in 1980 to $10,710,103.00 in 1981
    and $18,643,535.00 in 1982,
    it appears that the Respondent’s
    profit has not kept pace with increasing revenues.
    According
    to the 1982 Federal tax return,
    the corporate officer who owns
    51
    of the common stock of the corporation received no
    compensation whatsoever in 1982 and the two other corporate
    officers were modestly compensated in 1982 considering the size
    and financial condition of the Respondent’s operations.
    The proposed settlement agreement provides that the
    Respondent admits the violations alleged in the Complaint and
    agrees
    to:
    (1)
    cease and desist from further violations;
    (2)
    install
    a wastewater treatment system to treat all effluent
    discharged from its plant according to a specified compliance
    schedule;
    (3) promptly apply for the requisite NPDES Permit;
    (4)
    expeditiously develop,
    submit to the Agency for approval, and
    implement a plan to minimize waste discharges which will include
    measures for proper disposal of offal material, collection of
    blood, water conservation, and optimum maintenance of the septic
    tank system;
    (5) meet interim monitoring and reporting
    requirements as set by the Agency for sampling plant effluent for
    ammonia nitrogen,
    suspended solids,
    BOD,
    and
    p11;
    and
    (6) payment
    of a stipulated penalty of $3,000.00 in two equal installments of
    $1,500.00 each.
    (Stip.
    7—10).
    In evaluating this enforcement action and proposed
    settlement agreement,
    the Board has taken into consideration all
    the facts and circumstances in light of the specific criteria
    delineated
    in Section
    33(c)
    of the Acb and finds
    the settlement
    agreement acceptable under 35 Ill.
    Adm.
    Code 103.180.
    The Board has previously reserved its decision
    in this case
    pending the Governor’s signature of
    115 1326 pertaining to the
    deposition of Board penalties into the Environmental Protection
    Trust
    Fund.
    On September 19,
    1983, the Governor signed the above
    bill into law.
    Accordingly, the Board
    finds that the Respondent,
    Jack—Rich,
    Inc., has violated 35
    Ill. Adm.
    Code 302.203;
    302,206;
    302.208;
    304.104;
    304,105;
    304.106;
    304,120(c);
    304.141(b);
    and 309.102
    and Sections 12(a),
    12(d), and 12(f) of the Act.
    The Respondent
    will be ordered to cease and desist from further violations;
    follow the compliance plan and schedule set forth in the
    Stipulation;
    and to pay the stipulated penalty of $3,000.00 in
    two equal installments.
    54-94

    ‘-5-,
    This Opinion constitutes the Board’s findings of fact and
    conclusions
    of law in this matter.
    ORDER
    It is the
    Order of the Illinois Pollution
    Control Board that:
    1.
    The Respondent, Jack—Rich,
    Inc. has violated
    35 Ill.
    Adm.
    Code 302,203; 302,206; 302,208;
    304.104;
    304,105; 304,106; 304,120(c);
    304,141(b);
    and 309.102
    and
    Sections 12(a), 12(d),
    and
    12(f)
    of the
    Illinois
    Environmental Protection Act.
    2.
    The Respondent shall cease and desist from
    further violations,
    3,
    Within 45 days of the date of this Order, the
    Respondent shall, by certified check or money order
    payable
    to the State
    of
    Illinois and designated
    for
    deposit into the Environmental Protection Trust
    Fund, pay a first installment of $1,500.00 on the
    total penalty of $3,000.00 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    The
    second
    installment
    $1,500.00
    on
    the
    total
    penalty
    of
    $3,000.00 shall be made within 90 days
    of the date of this Order,
    in the same manner and
    fashion as the first installment.
    4,
    The Respondent shall comply with all the terms
    and conditions of the Revised Stipulation and Proposal
    for Settlement
    filed on August 23,
    1983,
    which is
    incorporated by reference as if fully set forth herein.
    IT IS SO ORDERED,
    Chairman
    Dumelle dissented.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Board, hereby certify that the above Opinion and
    Order
    was adopted on1the
    ~~~day
    of
    ~
    -
    ,
    1983
    by a vote of
    ‘1~
    /
    (
    r.
    Christan L. Mof~~t),Clerk
    Illinois Polluti
    Control Board
    54-95

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