fLL~

NOI~

I

CTLON

a ~ThOL

BOARD

~77

PEOPLE

OF

TUE

S~Ai~

I

C

~

and the

ILLINOIi

~HV

~

PROTLCIION

~

v.

)

PCB 75—189

PROCESSING

AND

BOOED,

Illinois Corpordtlon

un~

NATIONAL

MELLODY

FARM

-:

COMPANY,

an

lilleors

Corner

CONCURRING OPINIO~ (h~

u~

I

concur

ir

~ae

0

a ~

r

f

I

ic

a ~ this matter but

belteve

thaI

tue

Oain~a

cas

a

q~

far

enouqh

in

dismissing

the contnntiori ~h

1

a

~s

are emission

sources

as defined ~

Pal

10

a~

C ~nl were

therefore re—

puired

to obta a

ac~

~r

~e

13(b) (2)

of Chapter

2.

Livestoca wa

a.

r

by Chapter

5

of

the

Pollution

Contrai

o~

d

~s

wr

Regulations;

the purpose

of Chanter

5

as saL fort~ a Rc~

102

is

to

~orevent

pollution

of the air and

watr r~

II ic

ca sed by failure

to alan

with regard

La

prrer

~eri:

p~

1

safequards

the

construction,

location,

and ope~atan

a

c~~ein

livestock management faci—

lities

and livestock waste handlinc faci1ities~”

Rule 103

defines livestock

as fa~ animalH kent or raised for

food,

profit,

or

aleasure

La

rclude the suecies

fowl,

ovine,

caprine,

hovin~

,

p~rr

i

flfl

,

n~

ni r

U

ni

a

nn~

harm

auHm

~a;

mink,

~L

a~,

aLa.;

Lian

J~

1

imait

Lofl

at

livestock

wastes

includes

I rvc s oak

‘a

~ret

Since

the

chicken

~snure is snecificallv

defined as live-

stock waste

under Chapter

5,

~t

must

thereby he specifically

excluded from the

definitaon of organic material of Rule 201

of Chapter

2,

irrespective of its chemical

analysis.

A sub-

stance,

after

having been saecifically

defined for auruose of

regulation by

a

rule of

a reqalatorv sub-division enacted

exclusively

for control of that substance,

is thereby excluded

from inclusion

in

a

genara~ciefinition in

another regulatory

sub-division

unless

thrt

~ubstaace

is

explicitly included

in

the latter

sub-division,

24

663

---

—2—

Permit requirements for livestock management and waste-

handling facilities and operations are established by Chapter

5

and are exclusive unless

a particular aspect or item of

control equipment is specifically required by the rule of

another Chapter to procure such permit.

Incinerators, for

example, were here required to obtain

a Chapter

2 operating

permit by April

1,

1973 by Rule 103(b) (2)

of Chapter

2 and

the incinerator operation is governed by the conditions of

the air permit issued and the emission standards and limita-

tions for stationary sources established by Part II of Chapter

2.

After adoption of Chapter

5,

such a permit is now required

through

the operation of Rule 104 (a) (1)

of the Chapter.

Since odors are defined as contaminants by the Act,

there

is no reason to define livestock management or waste—handling

facilities

as air—emission sources requiring a permit under

Chapter

2 in addition to Chapter

5 requirements since the Act

specifically provides

a remedial action under Section 9(a)

for the control

of air pollution resulting from odors present

in sufficient quantity and with such characteristics and dura-

tion

to be injurious or to unreasonably interfere with life

or property.

To do otherwise would require such Chapter

2

permits for all livestock management facilities, a result

certainly not intended by the Board on adootion of Chaoter

2

or Chapter

~JT1es L. Youna(J

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Concurring Opinion

was submitted on the

_______

day of

~‘

,

Illinois Pollutio

ontrol Board

24

—

664