ILLINOIS POLLUTION CONTROL

BOARD

January 30, 1973

ENVIRONMENTAL PROTECTION AGENCY

)

v.

)

#72—84

)

CUSTOM FARM

SERVICES, INC.,

a Delaware corporation

)

OPINION AND

ORDER OF THE

BOARD (BY SAMUEL T. L~WTON, JR.):

Complaint was filed against Respondent alleging that

it

operated

a plant in Paxton, Illinois, and that the City of Paxton owned and

operated a storm tile inlet located, in part, on Respondent’s property

which leads

to an unnamed tributary

of the East Branch of the Middle

Fork

of the Vermilion River.

The complaint alleges that on or about

April 14, 1971, Respondent caused or allowed effluent containing

aimnonia or other contaminants to discharge from its portable nurse

tank into the storm tile inlet and sewer, which effluent ultimately

reached the unnamed tributary aforesaid, and which discharge altered

the physical, chemical and biological properties of the stream and

will create a public nuisance, and constitute water pollution as

defined in Section 12(a) of the Environmental Protection Act and

constitute a violation of Sanitary Water Board Regulation 14.

The complaint alleges that the discharge resulted in the death

of in excess of 17,000 fish, having a reasonable replacement value

of $638.89.

A stipulation was entered into between the Respondent

and the Environmental Protection Agency in which the violations,

as

alleged, including the fish kill, are admitted.

Testimony and

exhibits of State employees were introduced into the record supporting

the essential allegations of the complaint.

Respondent agrees to payment

in the amount of $638.89 to the Fish and Game Fund as a consequence of

the fish kill and to pay the further amount of $2,000 as penalty for

the violation of the statute and regulations aforesaid.

This is a single episode violation.

We believe the payments,

together with a cease and desist order from any further acts of viola-

tion, will satisfactorily

dispose of the proceeding and we will so

order.

This opinion constitutes

the findings of fact and conclusions

of law of the Board.

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633

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IT IS THE ORDER of the Pollution Control Board:

1. That Respondent, Custom Farm Services, Inc., cease

and desist from any violation of the Environmental

Protection Act and Regulations with respect to Water

pollution, and specifically, take affirmative steps

to prevent any recurrence of the events leading to

the filing of the present proceeding.

2. Respondent shall. pay to the State of Illinois for

deposit in the Fish and Game Fund in the State

Treasury, the sum of $638.89, representing the

reasonable value of the estimated fish kill on or

about April 14, 1971. Respondent shall pay to the

State of Illinois, a penalty in the amount of

$2,000 for violations of the Environmental Protection

Act and Sanitary Water Board Regulations, as charged

in the complaint. Both payments shall be made payable

to Fiscal Services Division, Illinois Environmental

Protection Agency, 2200 Churchill Drive, Springfield,

Illinois 62706 by March 6, 1973,

I, Christan Moffett, Clerk of the Illinois Pollution Control Bo~rd,

certify that the above Opinion and Order was entered on .the

~

day of January, 1973, by a vote of ~

to O

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