ILLINOIS POLLUTION CONTROL BOARD

October 14,

1982

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

v.

)

PCB 81—179

NAUVOO MILK PRODUCTS, INC.,

)

Respondent.

GWENDOLYN W. KLINGLER, ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF THE COMPLAINANT.

JOHN T.

ROBERTSON, ATTORNEY AT LAW, APPEARED ON BEHALF OF

THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by N.E. Werner):

This matter comes before the Board on the November

6,

1981

Complaint brought by the Illinois Environmental Protection

Agency

(“Agency”).

Count

I of the Complaint alleged that,

from August 11,

1980

until October

31,

1980, the Respondent,

Nauvoo Milk Products,

Inc.

(“Nauvoo”), deposited unknown quantities of liquid cheese whey at

the head of

a channelized intermittent stream located on a farm

in Hancock County,

Illinois which subsequently drained into the

North Branch of Larry Creek and Larry Creek creating a water

pollution hazard

in violation of Section 12(d)

of the Illinois

Environmental Protection Act (“Act”).

Count II alleged that Nauvoo’s discharge of a contaminant

(i.e.,

liquid cheese whey)

from a point source into the North

Branch of Larry Creek without an NPDES Permit was

in violation

of Section 12(f)

of the Act.

Count III alleged that

the discharging of such contaminants

into Illinois waters resulted in the lowering of dissolved oxygen

levels in the North Branch of Larry Creek and Larry Creek to below

5.0 mg/i

in violation of Rules

203(d)

and 402 of Chapter

3:

Water

Pollution Regulations

(“Chapter 3”) and Section 12(a)

of the Act.

Count IV alleged that the discharge of liquid cheese whey

caused unnatural bottom deposits,

sulphide odor,

foam,

scum, and

unnatural turbidity in both the North Branch of Larry Creek and

Larry Creek in violation of Rules

203(a) and 402 of Chapter

3

and Section 12(a) of the Act.

49-157

---

—2-

A hearing was

.1e1i

cm September 14,

1982.

The parties filed

a Stipulation

asic4 Prcposa

Cor Settlement on September 21, 1982.

The

Respondent,

an flilnois corporation located in Nauvoo,

Hancock County,

tlliizi.o,

‘s

in

the business of producing blue

cheese.

Liquid rheebe wFcy Is a by—product of tIauvoo’s

manufacturing proc’s°i:.

(~tip. 2).

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)

develop contingency plans for the handling of large quantities

of liquid

cheese

whey

in

the

event

of

equipment

breakdown

and

submit

the

plans

to

the

Agency

within

90

days

of

the

date

of

the

Board’s

Order

in this proceeding;

(3) submit a completed Permit

&pplication for Land Application of Sludge

to

the

Agency

within

90

days

of

the

date

of the Board’s Order in

this

case;

and

(4)

pay

a

stipulated

penaltj

of

$3,SOC

00.

(Stip.

7—8).

In evaluating this enforcement action and proposed settle-

ment agreement,

the Board has taken into consideration all the

facts and circumstances in light of the specific criteria

delineated in Section 33(ca of ~he Act and finds the settlement

agreement acceptable under ?xocedural Rule 331.

There appears

to be no question that the violations did,

in fact,

occur

and

stream samples taken on October

3..,

1.980 serve to confirm the

reduction of dissolved oxyg~naQVSI5 in

both

the North Branch

of

Larry

Creek and Larr~Creek itself.

(Stip. 4—5).

The

Board finds that the

ResporLe~.., ~auvoo

HUt Products, Inc., has

violated Rules 203(a), 203(d), and 402 of chapter 3

and

Sections

12(a), 12(d), and 12(f) of

rite

Act.

The Respondent will be

ordered to cease

ar..d desist from further violations; follow the

compliance plan and schedule set forth in the Stipulation; and

to

pay

the stipulated penalty of $3,500.00.

This Opinion constitutes the Board’s findings of fact and

It is the Order of the Illinois Pollution control Board that:

1..

The Respondent, Nauvoo Milk Products,

Inc., has violated

Rules 203(a), 203(d), and 402 of chapter 3:

Water Pollution

Control Regulations and Sections 12(a), 12(d), and 12(f)

of

the

2.

The Respondent shall cease and desist from further

violations.

3.

Within 60 days of the date of this Order, the Respondent

49~158

---

—3—

Illinois, pay the stipulated penalty of $3,500.00 which is to be

sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

Illinois

62706

4.

The Respondent shall comply with all the terms and

conditions of the Stipulation and Proposal for Settlement

filed

on September 21,

1982, which is incorporated by reference as

if

fully set forth herein.

IT IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify thal

the above Opinion and Order

were

adopted

on

the

/4

T

i_day

of_~

L

.~

1982

by

a

vote

of_

~

~

Christan L. Mof~1~?,Clerk

Illinois Pollution Control Board

49-159