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

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