ILLINOIS
 POLL UTK)N
 CONTROL
 BOARI)
December
 5,
 1972
ENVIRONMENTAL
 PROTECTION
 AGENCY
v.
 )
 PCB
 72—125
SWIFT
 AND
 COMPANY
OPINION
 AND ORDER
 OF
 THE
 BOARD
 (by Mr.
 Dumelle)
On
 March
 29,
 1972
 the
 Environmental
 Protection
 Agency
 (‘Agency~’)filed
an
 enforcement
 action
 against
 Swift
 and
 Company
 (“Swift”)
 alleging
 the
 discharge
of odors
 and other
 contaminants
 from
 a Swife plant
 processing
 edible
 oils
near
 Bradley,
 Illinois
 in
 Kankakee
 County so as
 to
 cause
 or tend to
 cause
air
 pollution
 as
 defined
 in Sections
 3(b)
 and 3(d)
 of
 the
 Environmental
 Protection
Act.
On October
 3,
 1972
 a hearing
 was
 held
 in Kankakee
 on
 a
 stipulation
 dated
September
 29,
 1972.
 No member
 of
 the
 public
 appeared
 or
 spoke
 on
 the
stipulation.
 Counsel
 for
 Swift
 stated
 that
 persons
 who had
 complained
 in
the
 past
 had
been
 notified
 by
 telephone
 of the
 hearing
 by
 an
 Agency
 represen-
tative
 (R.12).
The
 Swift plant is on
 74
 acres
 of land near
 Bradley.
 Coconut
 oil, soybean
oil
 and other
 edible
 oils
 are
 stored
 and processed
 in order
 to
 make
 margarine,
shortening
 and related
 products.
 No
 rendering
 is
 done
 at the
 Swift
 plant.
The
 plant has
 24
 tanks
 which
 store
 the
 edible
 oils
 and
 at times
 the
 oil is
heated
 to
 as
 much
 as
 140°F to
 make
 it
 pumpable.
 The
 24
 tanks
 are
 vented
to the
 atmosphere.
The
 Agency’s
 only technical
 witness
 was
 I)r.
 Charles
 A.
 Snell
 who
 inspected
the
 Swift
 plant
 on
 September
 20,
 1972.
 The
 stipulation
 states
14.
 That
 it
 is
 Dr.
 Snell’s
 opinion
 that
 under
 the
 conditions
under
 which
 the
 plant
 is
 operated
 it
is
 possible
 that
odors
 are
 emitted
 which are
 caused
 by
 the
 venting
 of
the
 storage
 tanks
 into the
 atmosphere.
6
—381
—2—
15.
 That
 it
 is
 Dr.
 Snell’s
 opinion
 that
 said
 odor problem
would
 be more
 evident
 at
 such
 times
 as
 when the
 tanks
are
 being
 filled
 from
 railroad
 cars
 and tank trucks
due to the
 displacement
 of
 air
 during
 this process.
The
 stipulation
 also states
16.
 That
 the
 Environmental
 Protection
 Agency
 and Swift
 &
Company
 agree
 that
 an Order
 may be
 entered
 by
 the
Pollution
 Control
 Board
 directing
 Swift
 & Company to
install
 and have
 in operation
 within
 ninety
 (90) days
activated
 carbon
 canisters
 on
 each of
 said
 storage
tanks
 and to
 make
 application
 for
 an installation
 permit
for
 such
 equipment
 from
 the
 Environmental
 Protection
Agency,
 which installation
 both parties
 believe
 will
correct
 and eliminate
 said
 odor
 problem.
Thus
 we have
 a situation
 in which there
 is
 a
 strong
 presumption
 of~
odors
 having
 been generated
 from
 this
 installation.
 A
 control
 program
 is
agreed
 to
 and no
 public
 witness
 has
 testified
 as
 to the
 severity
 of the
presumed
 nuisance.
 The
 question
 of penalties,
 if any,
 has
 been
 left
 by
the
 parties
 entirely
 to the
 Board
 (H. 4).
In view
 of the
 lack
 of
 evidence
 as
 to severity
 and
 indeed
 as
 to
 direct
cause
 of
 the
 odors
 we decline
 to
 assess
 penalties.
 We
 shall
 order
 that
 the
activated
 carbon
 canisters
 be
 installed
 as
 per
 the
 stipulation.
 A letter
from
 Swift dated
 November
 14,
 1972
 gives
 an estimate
 of from
 $1, 050 to
$1, 250
 cost
 per
 tank for these
 devices
 or
 from
 $25, 200 to
 $30, 000 for
 the
entire
 24 tanks.
 That
 is
 a
 substantial
 sum
 to
 expend
 and we
 commend
Swift and
 Company for
 agreeing
 to
 this
 program
 without
 the
 need for
protracted
 litigation.
This
 opinion
 constitutes
 the
 findings
 of fact
 and
 conclusions
 of
 law.
ORDER
Within
 90
 days
 from
 the
 date
 of this
 opinion,
 Swift shall
 install
activated
 carbon
 canisters
 on
 each
 of
 its
 24
 edible
 oil
 storage
tanks
 subject
 to the permit
 procedures
 of
 the
 Agency.
6
—
382
-3-
I,
 Christan
 L.
 Moffett,
 Clerk
 of
 the
 Illinois
 Pollution
 Control
 Board,
hereby
 certify
 the
 above
 Opinion
 and Order
 were
 adopted
 on
 the
 .S
 ~bay
 of
December,
 1972
 by
 a
 vote
 of
_____________________
Illinois
 Pollution
 C
6— 383