ILLINOIS POLLUTION CONTROL BOARD

September

15, 1977

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

V.

SUPREME DAIRY PRODUCTS COMPANY,

Respondent.

Mr. Franklin

L. Renner of Parkhurst,

Fraser,

Newlin

& Renner app~aredon behalf of the Respondent

Mr.

Harry Devereux, Assistant Attorney General

appeared

on behalf of the Complainant

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

This matter comes before the Board on a complaint alleging

violation of Sections

12(a)

and 12(b)

of the Act and Rules

95i~

1201, and 403 of Chapter

3: Water Pollution of the Board’s Rules

and Regulations.

Specifically Respondent is alleged to have con-

structed and operated a treatment works

without

obtaining the

required permits.

The subject treatment works were operated

without the direct supervision of any person who was properly

certified by the Agency.

Respondent is also alleged to have

caused water pollution.

A hearing was held on August 19,

1977 at the Marshall County

Courthouse in Lacon, Illinois.

At the hearing a stipulation was

offered as a settlement of the case.

There has been no public

comment on this stipulation.

The stipulation states that the Respondent~sfacility was

closed in April of 1976 and has not re-opened.

A series of

reports and photographs prepared by the

Agency

and attached

as Exhibits to the stipulation show that Respondent caused water

pollution by discharging effluent which was offensive and

high in BOD, suspended solids, and ammonia.

An affidavit by

Mr. Ernest Bennett of the Agency showed that Respondent had not

employed a certified sewage treatment plant operator~ The con-

struction and operation of a wetwell, connecting

line, and a tank

was agreed to have constituted construction and operation of a

treatment works for which no permits were ever granted.

As a resolution of this matter the parties

have

proposed

that the subject facility remain closed unless

bhe Respondent

obtains the appropriate permits.

In addition Respondent has

agreed to pay the sum of ONE THOUSAND DOLLARS

($1,000.00)

in con-

sideration of this settlement.

~2~5O7

~7—

9”&7

---

The settlement stipulation

i~

hereby acce~L~d~y

the Board

because it establishes the alleged violations.

The

amount of the

penalty is presumed to be reasonable because the parties have

agreed to

it and the Board has not been appraised of any

evidence to refute it.

This Opinion constitutes th~

Board’s findings

of fact and

conclusions

of law in this matter..

ORDER

It

is the Order

of the Pollution Control Board that:

1)

The Respondent shall not reopen~or otherwise use

the facility located at 708 Front Street in the City of Henry,

County of Marshall, State of Illinois, without first receiving

permits from the Complainant and the United States Environmental

Protection Agency

if permits from the latter are necessary.

2)

Within 30 days of the date of the Order, Respondent

shall forward a certified check in the amount

of

ONE THOUSAND

DOLLARS

($1,000.00)

to:

State of Illinois

Environmental Protection Agency

Fiscal Services D1V±SIOfl

2200 Churchill Road

Springfield, Illinois 62706

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Opinion and Order

was adopted on the

~

day of~S~

1977, by a

vote of

~

~d~L4L~

Christan

L. Moffet~,/~r~rk

Illinois Pollution ~trol

Board