ILLINOIS POLLUTION CONTROL BOARD

May 19, 1983

GILT EDGE FARMS, INC.,

et al.,

Petitioners,

v.

PCB 82—150

ILLINOIS ENVIRONMSNTAL

PROTECTION AGENCY,

Respondent.

MR. JOHN B. WHITON, SNOW, WHITON, SCHROEDER 

AND

FISHBURN, LTD.,

APPEARED ON BEHALF OF PETITIONERS;

MR. STEPHEN GROSSMARK, ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF RESPONDENT.

OPINION

AND

ORDER OF

THE

BOARD (by D. Anderson):

This matter comes before the Board upon a petition for

extension of a variance filed by Gilt Edge Farms, 

Inc.,

(GE)

a Delaware corporation, Hunter Barney and Lance Barney. The

petition requests continuation of a variance from Rule 102 of

Chapter 2: Air Pollution and Section 9(a) of the Environmental

Protection Act (Act) as they apply to a hog operation near

Dakota, Stephenson County. On January 27, 1983 the Illinois

Environmental Protection Agency (Agency) recommended that the

variance be denied. The Board has received several written

objections from the public. A public hearing was held at

Dakota on March 29, 1983. Members of the public attended

but did not testify or comment. Hunter and Lance Barney will

be dismissed as petitioners.

The variance, which expired on December 31, 1982, was

granted in PCB 81—85 (45 PCB 29 and 529, January 7 and March 19,

1982; 48 PCB 141, September 15, 1982). A related enforcement

action was decided on the basis of a stipulation (PCB 82—85,

December 2, 1982). The Order in the enforcement action provided

for a monetary penalty only, recognizing that the compliance

plan had already been dealt with in the variance.

Pursuant to petitioner’s request, the entire record in

PCB 81-85 has been incorporated by reference (R. 4). The Opinion

and Order of January 7 and March 19, 1982 provide a detailed

description of the operation which is incorporated into this

Opinion by reference.

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—2—

The basic dispute in PCB 81-85 was whether to require GE

to establish aerobic conditions in its lagoons, or to allow

it to attempt odor control with “Micro-aid”, a feed additive

which is supposed to eliminate odors from anaerobic pits and

lagoons. The Board granted GE a one—year variance conditioned

in part on use of the Micro-aid.

It appears that the odor was not so severe in 1982 as it

was in the past; indeed, the Agency recommends denial of the

variance for lack of necessity. However, there is some question

as to whether the improvement was caused by the Micro-aid, or

by the cool weather and reduced animal population. The Board

finds that there is still sufficient odor potential to support

the necessity for a variance.

GE has generally complied with the conditions of the

March 19 Order, as amended on September 15, 1982, although

the Agency finds reasons to criticize the compliance. GE has

not been able to skim the solid materials off the lagoon

surface, although it has installed screens in some of the

pits to prevent solids from entering the lagoons. GE has

taken

weekly BOD samples but has not kept them refrigerated

while in transit to the laboratory, and has taken up to three

weeks to get the 

samples

to the laboratory. GE has not

utilized the data collected to prepare a report evaluating the

sufficiency of the lagoons at the hydraulic and organic loading

indicated by the samples. GE has reported to the Agency on its

progress, but has failed to suggest further steps which could

be taken to reduce odors. GE correctly notes that none of these

actions were specifically required by the Order.

The Board finds that GE has madc satisfactory progress

toward full compliance and will extend the variance. GE has

asked the Board to extend the variance to end after one. calendar

year.

The Board is giving the anaerobic system a second year’s

trial. It is still unproven and continues to represent a

radical departure from generally accepted wastewater treatment

practices. If problems continue through this year, GE should

employ a professional engineer to evaluate the lagoon loadings

and design a system which will provide satisfactory wastewater

handling.

The Board has modified the sampling conditions. GE will

be required to take weekly flow readings, but will only be

required to perform biochemical oxygen demand sampling of the

flow from the pits once per month. GE will be required to take

normal steps to get the samples to the laboratory in good

condition.

52-230

—3—

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

Petitioner, Gilt Edge Farms, Inc., is granted a variance

from Section 9(a) of the Environmental Protection A.ct and

Rule 102 of Chapter 2: Air Pollution, subject to the following

conditions:

1.  This variance will expire December 31, 1983.

2.  This variance will apply only to animal wastes at

Petitioner’s hog facility situated in Section 10,

T27N, R8E of the 4th PM, Stephenson County.

3.  Petitioner shall observe its lagoons daily and remove

any floating material capable of removal by skimming

within 72 hours after its first appearance, or as

soon thereafter as weather conditions permit skimming.

4.  Petitioner shall pump solids from pits below buildings

in order to prevent excess solids carryover into the

lagoons, and in any event no less often than the

following schedule:

a.  High volume pits 

twice per year

b.  Low volume pits 

—

annually.

5.  Petitioner shall use an odor—reducing additive in pits.

lagoons and animal feed according to product directions.

6.  Petitioner shall not cause or allow violation of any

applicable provisions of Chapter 7 or 9.

7.  Petitioner shall estimate and record the flow to the

lagoon system once each week.

Once each month, Petitioner

shall sample for five—day

biochemical oxygen demand the flow from the pits to

the lagoons. Samples shall be refrigerated immediately

and kept cold until delivered to a laboratory,

which

must be within 48 hours after the sample is taken.

9.  Petitioner shall make a record of activities performed

pursuant to this Order, including a description of

measurement methods, and submit such record to the

Illinois Environmental Protection Agency on or before

the tenth business day of each month..

52-231

—4—

10. On or before October 1, 1983 Petitioner shall report

to the Illinois Environmental Protection Agency con-

cerning the success of its odor reduction program.

This report shall list further odor reduction methods

which could be implemented at the subject site.

11. All requirements of this Order shall be conducted

pursuant to good engineering practice.

12. Hunter Barney and Lance Barney are dismissed as

petitioners.

13. Within 45 days of

the date of this 

Order, Petitioner

shall execute and forward to the Illinois Environ-

mental Protection Agency, Variance Section, 2200

Churchill Road, Springfield, Illinois 62706, a

Certificate of Acceptance and Agreement to be bound

to all terms and conditions of this variance. This

forty-five day period shall be held in abeyance for

any period this matter is being appealed. The form

of the Certificate shall be as follows:

CERTIFICATION

I, (We,) 

_______________________,

having read and

fully understanding the Order in PCB 82—150, hereby

accept that Order and agree to be bound by all of

its terms and conditions.

SIGNED _____________________________

TI ThE ____________________________

DATE ___________________________

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby cer1~y that the above Opinion and Order

were adopted on the 

—

day of 

_________,

1983 by a vote

of

~/-~

Christan L. Noffett, Clerk~7~

Illinois Pollution Control Board

52-232