ILLINOIS POLLUTION CONTROL BOARD
    December
    13, 1973
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 72—285
    ILLINI BEEF PACKERS,
    INC.,
    Respondent.
    Larry
    R.
    Eaton, Assistant Attorney General
    for the EPA
    William
    R.
    Carney, Attorney for Respondent
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss)
    The Environmental Protection Agency alleges that Respondent’s
    Joslin,
    Illinois beef processing and packaging plant has dis-
    charged methane, hydrogen sulfide and other odorous contaminants
    in violation of Section
    9(a)
    of the Environmental Protection Act
    and Rule 3-3.280 of the Rules and Regulations Governing the Control
    of Air Pollution.
    The period of alleged violations
    is from
    September 16, 1971 until the date of the filing of the Complaint
    on July
    2,
    1972.
    It is also charged that the installation of
    facilities on December 29,
    1969 and the installation of after-
    burner on December 15,
    1971 were conducted without Agency permit
    in violation of Section
    9(b)
    of the Act and Rule 3-2.100 of the
    Rules.
    Public hearing was held on September
    28,
    1973.
    In lieu of
    testimony,
    the parties presented
    a Stipulation of facts and an
    agreed settlement.
    The only testimony at the hearing was pre-
    sented by Charles Wilkins, one of Respondent’s neighbors.
    Wilkins
    said that odors from Respondent’s plant had created
    a “problem”
    in the past but had been significantly abated.
    He indicated that
    he had reviewed the Stipulation
    and. believed it to be an acceptable
    solution to the odor problem.
    The Stipulation stated that Illini Beef Packers,
    Inc. was
    organized in 1968 by
    a qroup of business and professional men
    residing in Geneseo, Illinois.
    The firm was to construct an
    automated packing plant capable of processing 150 head of cattle
    per hçur, or an average of 6,000 head per week,
    including hy~
    products.
    Construction
    3lans
    were approved by the Rock
    Island

    —2—
    County Zoning Board and, on June 16,
    1970,
    the Illinois Sanitary
    Water Board issued an installation and operation permit for the
    facility.
    The plan called for construction of a $650,000 sewage
    lagoon system engineered to meet all Standards of the 1972
    Federal Water Quality Amendments.
    The Stipulation states that Respondent failed to obtain an
    installation permit from the Environmental Protection Agency’s
    Air Pollution Control Permit Section at the time the original
    facilities were being installed in December 1969.
    Since the Agency
    was not in existence at that time, we shall consider the Stipulation
    to refer to the Air Pollution Control Board rather than the Agency.
    Operations commenced on August 2,
    1971.
    The filling process
    and accompanying bacterial action proceeded satisfactorily in the
    anaerobic lagoons.
    This process allowed the first two anaerobic
    lagoons to crust over within the first few months of operation and
    aided in controlling odors
    from the lagoons.
    However, Illini
    Beef decided it would be necessary to install an afterburner to
    control odors from its dry rendering cookers.
    Permit applications
    were mailed to the Agency on September 28, 1971 and acknowledged
    by the Agency on October
    5,
    1971.
    Respondent installed the
    device in December 1971 and the Agency finally issued the permit
    on February 18,
    1972.
    We feel that the Stipulation is adequate to establish the
    fact that there were minor permit violations.
    The Stipulation, however,
    is inadequate to establish the
    “odor” violations.
    Respondent has denied that it emitted odors
    so as
    to cause or tend to cause air pollution but agrees that the
    Board may find violations “based on the stipulated facts.”
    The
    stipulated facts do not prove either a 9(a) violation or a
    violation of Rule 3—3.280 of the Rules.
    On September 16, 1971 two Agency investigators and the repre-
    sentative of a local air pollution control agency investigated
    the plant and detected odors in the area of the lagoon system.
    The Stipulation also relates that,
    prior to installation of the
    afterburner, odor was detected at the inedible rendering room,
    possibly from cookers.
    percolators, cracklings trough,
    expellers,
    sewage sumps,
    a dry storage bin, vents from a barometric condenser
    and a hot well.
    Two EPA investigators returned to the plant on January
    21,
    1972 and detected “sewage” odors on the north
    (downwind)
    side of
    the aerated lagoon and the west end of the anaerobic lagoons.
    Odors were also detected in the hide room,
    the inedible rendering
    room, and at
    a duct venting from the hide department.
    At 5:30 p.m.
    on that date,
    odors were detected on
    a black top road about
    3/8
    of
    a mile north of the plant.
    10
    294

    —3—
    On both of those dates
    the odors were thought to be methane,
    hydrogen sulfide amines and sulfur compounds and possibly ammonia,
    ethyl amines, hydrogen sulfide, skatole, sulfides, mercaptans and
    other undefinable odors.
    The Stipulation did not specify the
    degree of intensity of any of the odors or any information from
    which we could infer that the odors unreasonably interfered with
    the enjoyment of life or property.
    We are therefore unable to
    conclude that the odors caused air pollution on the two dates in
    question.
    Three Agency investigators again visited the plant on February 17,
    1972 for the purpose of conducting an odor survey.
    The odor survey
    is pertinent in determining whether there was a violation of Rule
    3-3.280 of the Rules and Regulations Governing the Control of Air
    Pollution.
    The survey was conducted using a scentometer at a
    site approximately one-half mile southwest of Joslin.
    The
    scentometer allows the investigator to determine the strength of
    an odor by measuring the quantity of clean air which
    is needed to
    dilute the contaminated air below its odor threshold.
    Results of
    the survey were
    as follows:
    Dilution Opening
    Dilution/
    Observer
    Time
    Inside Diameter
    Threshold Ratio
    Rick Rubenstein
    l:53P
    1/16 inch
    128
    Fred L.
    Smith
    l:56P
    1/8 inch
    32
    Frank Sherman
    l:58P
    1/4 inch
    8
    Rick Rubenstein
    2:l5P
    1/8 inch
    32
    Frank Sherman
    2:17P
    1/4 inch
    8
    Fred L. Smith
    2:20P
    1/8 inch
    32
    Rick Rubenstein
    3:OOP
    1/8 inch
    32
    Fred L. Smith
    3:12P
    1/4 inch
    8
    Frank Sherman
    3:25P
    1/4 inch
    8
    Since the investigators did not reveal their locations at the
    times the tests were made, we are unable to say which part of Rule
    3-3.280, Sub-part 3-3.284 might have been violated.
    We note that
    the most lenient dilution volume allowed by that Rule
    is twenty-four
    (24)
    and it would seem that some of the readings were in violation
    of the most lenient part of the Rule.
    We can not assume, however,
    that the odor was caused by Illini Beef.
    We are not told which way
    the wind was blowing.
    Nor is there any description of the nearby
    area to establish that the odor wasn’t caused locally.
    The stipu-
    lated facts are simply inadequate for us to draw the necessary
    inference regarding the odor violation.
    The Stipulation does indicate that Respondent had installed
    additional odor control equipment”as a further precautionary
    10
    —295

    —4—
    measure”.
    A construction permit was obtained for a wet scrubbing/
    chemical oxidation system to treat air from the inedible rendering
    room,
    and after testing showed the system to be successful,
    an
    operating permit was issued by the Agency.
    Although Illini Beef does not admit violation of any law,
    rule or regulation it does agree to pay a penalty not exceeding
    $2,000 in the event we find from the Stipulation that violations
    did occur and Respondent also agrees that we may enter an order
    requiring the Company to improve its operational and housekeeping
    practices and institute a program of investigation of citizen
    complaints within
    a
    5 mile radius of the plant.
    We approve of the
    suggested order and will
    impos.e
    a monetary penalty in the amount
    of
    $500 for the permit violations.
    The full $2,000 penalty can
    not be ii~posedsince the record is inadequate
    to prove a violation
    of Section 9(a)
    of the Act and Rule 3-3.280 of the Rules.
    One issue remains.
    Earlier Respondent filed a Motion to
    5trike the Complaint,
    alleging that the hearing officer had delayed
    scheduling the hearing
    in this matter an unreasonable period of
    time to the prejudice of Respondent.
    That part of the Motion to
    Strike was taken with the case in order to give Respondent an
    opportunity to present evidence that it had been prejudiced by the
    handling of the case.
    Respondent did not offer any such evidence
    and the Motion to Strike is therefore denied.
    ORDER
    It is the order of the Illinois Pollution Control Board that:
    a)
    Illini Beef Packers, ~tnc.shall immediately commence
    a program to investigate its processing, including
    its inedible rendering processing facilities and its
    waste water treatment system,
    to determine whether
    methods of operation, housekeeping
    or other main-
    tenance practices may be causing periodic odor
    emissions from the plant; and upon determination of
    same,
    if any,
    shall immediately take,
    or propose a
    program for taking, whatever available steps are
    deemed to be required as technologically practicable
    and economically reasonable
    to improve such
    operational, housekeeping and maintenance practices;
    and further shall report all such findings together
    with all steps taken or proposed to be taken and
    any
    alternative steps available,
    as result of said
    in~
    vestigation to the Environmental Protection Agency
    and
    10
    296

    —5—
    the Pollution Control Board, within 60 days of
    the entry of this Order.
    The Agency shall review
    and comment upon said report within 30 days of
    its filing.
    b)
    Illini Beef,
    for a period of one year following
    entry of this Order, shall conduct
    a program to
    allow any citizen residing within a
    5 mile radius
    of the plant and having a bona fide complaint
    concerning an odorous emission from the plant,
    if
    any,
    to call a designated telephone number at any
    time,
    24 hours a day,
    7 days
    a week,
    to report
    such complaint;
    that Illini Beef during the said
    one year period,
    shall see to it that a person
    is
    available at all times to answer said telephone
    number on behalf of Illini Beef and to record
    said complaint;
    and further that Illini Beef,
    during the same one year period,
    shall keep a
    person available between the hours of
    6 a.m. and
    12 p.m. Monday thru Saturday, holidays excluded,
    to escort any such person
    so desiring upon the
    plant premises to ascertain the cause and source
    of alleged odorous emissions during that time;
    c)
    Respondent shall within 35 days of the date of this
    Order pay to the State of Illinois the sum of
    $500
    as a penalty for the violations
    found in this pro-
    ceeding.
    Penalty payment by certified check or
    money order payable to the State
    of
    Illinois shall
    be made to:
    Fiscal Services Division, Illinois EPA,
    2200 Churchill Road,
    Springfield, Illinois 62706.
    d)
    The Illinois Pollution Control Board retains juris-
    diction of this cause to enter further orders regarding
    any program reported by Illini Beef and approved by
    the Agency as provided in Paragraph
    a.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify t e above Opinion and Order wa
    adopted
    this
    j~1”
    day of
    ________
    .
    1973 by
    a vote of _____to
    C)
    10
    297

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