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
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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).
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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