ILLINOIS POLLUTION CONTROL
    BOARD
    April 12, 1973
    ROBERT R. DETERS~FABIAN J.
    DETERS;
    )
    MARCELLUS
    J.
    DETERS; ALVIN
    L.
    DETERS;
    WILLIAM H.
    DETERS,
    JR.; and NORMA
    MARIE DETERS WEIMAN, d/b/a DETERS
    DAIRY,
    v.
    )
    PCB 73-20
    ENVIRONMENTAL PROTECTION AGENCY.
    OPINION AND ORDER OF THE
    BOARD
    (by Samuel T. Lawton,
    Jr.):
    Petitioners, doing business as Deters Dairy, seek
    variance from the operating permit requirements of Rule 902
    of the Water Pollution Control Regulations because of the
    Board’s previous order.
    (See Environmental Protection
    Agency v. Robert R. Deters et al, 4~72-260, 5 PCB
    November
    8,
    1972).
    Petitioners are the owners and operators
    of
    a farm near Quincy, Adams County.
    The farm occupies over
    1,000 acres
    and approximately 200 cows are maintained.
    Production averages between 200,000 and 240,000 pounds of
    milk and dairy products per month.
    Last year, Respondents were found in violation of Section
    12(a) of the Environmental Protection Act and their operation
    caused substances to be present in an unnamed tributary of
    Curtis Creek, producing odor,
    color, other conditions
    in such
    a degree as to create a nuisance.
    Respondents were assessed
    a penalty of $5,000 and ordered to cease and desist from all
    violations found in the opinion after January
    22,
    1973.
    It
    is that date that Petitioners seek variance from,
    due to
    delay in procuring the necessary construction and operation
    permits from the Agency.
    A subsequent Agency investigation has disclosed that
    Petitioners had substantially complied with our order of
    November
    8,
    1972.
    The penalty was promptly paid and the dairy
    product waste has been diverted to a lagoon treatment facility.
    The Agency recommends,
    subject to certain conditions, that
    the variance sought should be granted.
    We grant a variance to Petitioners from Paragraph 1 of
    our November
    8,
    1972 order until August 1,
    1973.
    This variance
    is subject to the following conditions:
    Petitioners must,
    within
    21 days from the date of this order, file application
    for any and all construction or operating permits required by
    7
    —
    551
    our previous order; Petitioners must complete all necessary modi-
    fications in order to obtain required construction and operating
    permits; construction of all proposed and permitted pollution
    control equipment shall be accomplished by August
    1,
    1973.
    This opinion constitutes the findings of fact and conclusions
    of law of the Board.
    IT IS HEREBY ORDERED that:
    1.
    Respondents shall cease and desist from all violations
    found in the opinion of November 8,
    1972,
    after August 1,
    1973;
    2.
    This variance is subject to the following conditions:
    (a)
    Petitioners, within 21 days after the entry of
    this order herein,
    shall file application for
    any and all construction or operating permits
    required by our previous order;
    (b)
    Petitioners complete all necessary modifications
    in order to obtain required construction and
    operating permits;
    (c)
    Construction of all proposed and permitted
    pollution control equipment be accomplished
    by August 1,
    1973.
    I, Christan Moffett, Clerk of the Illinois Pollution Control Board,
    certify that the above Opinion and Order was adopted on the /~V~”day
    of~LL
    ,
    1973,
    by a vote of
    hf
    to
    ~
    —2—
    7
    —
    552

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