ILLiNOIS POLLUTION CONTROL BOARD
June
6,
1972
ENVIRONMENTAL PROTECTION AGENCY
v.
)
#
71—319
HOLLAND ICE CREAM
& CUSTARD CO.
)
(WAREHAI4’S DAIRY)
Supplementary Opinion of the Hoard
(by Mr. Currie):
On February
3, 1972 we found the respondent dairy in
violation of certain provisions with respect to wastewater
discharges and ordered
the
submission of
a control program by
Marchi.
On February 25 the company requested an extension of
60 days for reasons we found sufficient in a second order
issued March
28.
On April
30 the dairy sent to us and to the
Agency its program, providing for disposal of the effluent
on 90 acres of agricultural land by spray irrigation.
De-
tailed design work was to begin May 1 and to take no more than
four months, and the $50,000 project cost had been approved
by
the Board of Directors.
The company said it would begin
construction
“as
soon
as
proper permit can be obtained” and would
“push
the project in every way we can to completion.”
Request
was made for “time to move ahead and construct an acceptable
facility.”
The Agency has reviewed the program and found it satisfactory,
recommending that it be approved on condition that recommended
standards of the Great Lakes-Upper Mississippi River Board of
State Sanitary Engineers be followed to assure protection
against contamination of ground or surface waters among other
things;
that
a
permit
be obtained by August 31; and that the
facilities be
in operation “at the earliest possible date
thereafter.”
We
are
convinced
the
company
is
moving
diligently
to
solve
its
problem
and approve the program subject to conditions
similar
to
those suggested by the Agency.
Following the
GLUMRB
criteria
is
necessary
to
avoid
pollution.
The
August
31 date
is when the plans are to be completed according to
the
company,
and
we will
require
they
be
submitted
with
a
per-
mit
request by that date, but we cannot expect the Agency to
finish its evaluation
arid
issue the permit then.
We shall
4
-.
64b
require construction as quickly
as
practicable,
hut
will
also
require that
a firm completion date he specified at the
time
of permit application, subject to EPA comment
and Board approval.
We will also,
as earlier requested by the Agency,
require
a
bond
or other security to assure completion
of the program.
Finally,
the question whether
a money penalty should be
imposed for the original violations remains open for decision,
and we invite submissions by the parties
on
that issue, which we
will decide when we pass upon the construction schedule.
ORDER
1.
WAREHAM’S DAIRY, DIVISION OF HOLLAND DAIRY,
INC.
(“the
company”)
shall diligently pursue the program of spray
irrigation described
in
its April
30 report.
2.
Addendum No.
2 Recommended Standards for Sewage
Treat-
ment Works, GLUMRB
(1968 edition)
shall be complied
with
in the design ‘and installation
of these facilities.
3.
Design shall be completed,
and complete plans submitted
to the Agency
with
a permit application,
as soon as practicable
and in
no
event
later
than
August
31,
1972.
4.
At
the
time
of
submitting
such
plans,
the
company
shall
set
forth
a
firm
schedule
for
completion
of
the
facilities,
which
shall
provide
for
operation
as
soon
as
is
pr~acticable.
5.
The Agency shall comment upon
such schedule within
20 days
after its receipt,
and the Board shall thereafter make
such
further order as may be appropriate.
6.
Within 35 days after receipt of this order,
the company
shall post with the Agency
a bond
or other adequate security
in the amount
of
$50,000
to
assure
compliance
with
this
order.
7.
All
provisions
of
prior
Board
orders
remain
in
full
force
and effect except as inconsistent with this order.
I, Christan Moffett, Clerk of the Pollution Control Board,
certify that the Board adopted the above Supplementary Opinion
this
6th
day of June,
1972, by a vote of
_____
4— 646