ILLINOIS
    POLLTION
    CONTROL
    BOARD
    October
    3,
    1972
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    ~B
    72-198
    HIGH
    LAKE
    POLLTRY,
    INC.
    OPINION
    AND ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Dumelle)
    The
    Complaint
    in this
    enforcement
    action
    alleged
    that
    during
    the period
    beginning
    June
    10,
    1971
    and
    continuing
    thru
    the
    date
    of
    the hearing
    in this
    matter
    High
    Lake
    constructed
    and was
    operating
    its
    waste
    water
    treatment
    facilities
    located
    near
    West
    Chicago,
    DuPage
    County,
    Illinois
    without
    first
    obtaining
    a
    valid permit
    from
    the
    Agency,
    in
    violation
    of
    Section
    12(b)
    of the
    Environmental
    Protection
    Act.
    It
    was
    further
    alleged
    that
    since
    January
    22,
    1971,
    High
    Lake
    operated
    those
    treatment
    facilities
    without
    employing
    an operator
    certified
    by
    the
    Agency,
    in
    violation
    of
    Rule
    1.
    02
    of the
    Sanitary
    Water
    Board
    Rules
    and
    Regulations
    Number
    2 in
    effect
    by
    Section
    49(c)
    of the
    Act.
    High
    Lake filed
    an
    Answer
    admitting
    the
    allegations
    hut
    at
    the
    same
    time
    pleading
    circumstances
    in mitigation
    of
    the
    violations.
    On
    August
    8,
    1972,
    a
    hearing
    was
    held
    wherein
    High
    Lake
    again
    admitted
    to
    the
    alleged
    violations
    and then presented
    evidence
    in
    mitigation.
    The
    evidenc
    indicates
    that
    in
    1965
    High
    Lake
    made
    application
    for
    a building
    permit
    for
    its
    processing
    plant
    on
    the premises.
    The
    DuPage
    County
    Building
    Department
    in
    conjunction
    with
    the
    DuPage
    County
    Health
    Department
    and the
    Illinois
    Sanitary
    Water
    Board
    required
    that
    the
    company
    build
    a
    sewage
    or
    waste
    disposal
    system
    on
    its
    property
    prior
    to the
    issuance
    of
    the permit.
    High
    Lake
    hired
    a
    company
    to
    do
    the
    construction
    which
    was
    completed
    at a
    cost
    of
    around
    $16,
    000.
    The
    new
    facility
    treated
    the
    wastes
    in
    a basin
    from
    which
    the
    fluid
    was
    gravity
    fed
    into
    a pond
    for
    further
    treatment
    and
    from
    there
    it
    emptied
    into
    Kress
    Creek,
    a tributary
    to
    the
    DuPage
    River.
    The
    treatment
    facility,
    while
    approved
    by
    all
    of
    the
    above-mentioned
    departments,
    never
    worked
    properly.
    Regular
    tests
    taken
    by
    the
    Sanitary
    Water
    Board
    showed
    an
    extremely
    high
    ROD.
    In
    order
    to
    correct
    this
    problem,
    High
    Lake
    employed
    an
    engineer
    who
    prepared
    plans
    for
    a new

    -2-
    system.
    The plans
    were
    then submitted
    to the
    Sanitary
    Water
    Board
    for
    approval.
    However,
    there
    was
    no
    guarantee
    that
    the
    new
    system
    would
    lower
    the
    BOD to
    the
    legal
    limit.
    On October
    8,
    1969,
    the
    Water
    Board
    issued
    a permit
    authorizing
    construction
    as
    per
    the plans.
    About
    this
    time,
    High
    Lake
    was
    also
    contem-
    plating
    building
    a new
    addition
    to their
    existing
    plant.
    The
    DuPage
    County
    Building
    Department
    would
    not
    issue
    a permit
    for
    construction
    of
    the
    addi-
    tion
    unless
    a
    cash
    bond
    of
    $10,
    000 was
    posted
    to guarantee
    that
    the proposed
    treatment
    facilities
    would
    reduce
    the
    ROD to the
    legal
    limit.
    There
    was
    no
    way,
    however,
    that
    such
    guarantee
    could be
    made.
    in the
    summer
    of
    1970,
    a
    development
    company
    announced
    plans
    to
    build
    multiple
    dwellings
    in the
    area
    which
    would
    require
    the
    extension
    of
    sewers
    to
    a
    point
    across
    the
    street
    from
    High
    Lake.
    High
    Lake
    began
    negotiations
    with the
    City
    of West
    Chicago
    for
    the
    purpose
    of
    annexing
    and
    connecting
    into
    the
    City!s
    sewage
    treatment
    facilities.
    On
    July
    8,
    1970,
    High
    Lake
    sent
    a letter
    to
    the
    Illinois
    Environmental
    Protection
    Agency
    (Agency)
    notifying
    it
    of the
    negotiations.
    On
    October
    2,
    1970,
    the
    Agency
    responded
    by letter,
    specifically
    encouraging
    High
    Lake7s
    efforts
    to
    connect
    into
    the
    West
    Chicago
    system
    and requesting
    that
    it
    be informed
    of
    all
    developments.
    On November
    19,
    1970,
    High
    Lake
    confirmed
    with
    the
    developer
    an
    agree-
    ment
    to tie
    into
    the
    sewers.
    In
    April,
    1971,
    formal
    petition
    for
    annexation
    along
    with a
    copy
    of the
    Annexation
    Agreement
    was
    submitted
    to West
    Chicago
    by
    High
    Lake.
    On April
    9,
    1971,
    High
    Lake
    received
    a memorandum
    from
    the
    Illinois
    Department
    of
    Agriculture
    requiring
    full
    compliance
    with their
    standards
    on or
    before
    June
    15,
    1971.
    The
    violation
    specifically
    was
    that
    inadequate
    employee
    toilet
    and
    welfare
    facilities
    which,
    incidently,
    was
    exactly
    what
    the
    proposed
    new
    addition
    to
    the
    plant
    would
    have
    corrected.
    At that
    point
    High
    Lake
    found
    itself
    in the
    predicament
    of
    being
    required
    by
    the
    Agriculture
    Department
    to
    construct
    certain
    employee
    facilities
    but
    also
    being
    required
    by
    the
    DuPage
    County
    Building
    Department
    to post
    a
    cash bond
    of
    $10,
    000
    to guarantee
    the
    success
    of its
    waste
    water
    treatment
    before
    it
    would
    issue
    a permit
    to
    construct
    those
    employee
    facilities.
    To further
    complicate
    the
    situation,
    High
    Lake
    was
    advised
    by
    the
    Agency
    on
    April
    30,
    1971
    that
    West
    Chicago,
    with
    whom
    it
    was
    seeking
    annexation,
    was
    having
    a
    sewage
    treatment
    problem.
    Subsequently,
    after
    consultation
    with the
    DuPage
    County authorities
    and the
    Department
    of Agriculture,
    High
    Lake
    agreed
    to
    start
    construction
    on~itsown
    sewage
    treatment
    facility,
    make
    application
    to the
    DuPage
    County
    Building
    Depart-
    ment
    for
    the
    issuance
    of
    a building
    permit
    and
    advise
    the
    City
    of
    West
    Chicago
    5
    576

    —3—
    of
    the
    abandonment
    of
    the
    annexation
    proceedings.
    High
    Lake
    followed
    through
    on this
    program
    and
    on
    May
    20,
    1971
    received
    notice
    from
    the
    Building
    Department
    that the
    permit
    would issue
    but
    with
    the
    provision
    that
    occupancy
    would
    be
    denied
    until
    such
    time
    as
    the
    sewage
    treatment
    improvements
    were
    under
    construction.
    On June
    11,
    1971,
    High
    Lake
    received
    notice
    from
    the
    Agency
    that
    it
    was
    in violation
    because
    of the
    construction
    without
    a
    state
    permit.
    Permit
    application
    was
    then
    made
    but
    was
    denied.
    On
    June
    28,
    1972,
    another
    application
    for permit
    was
    filed with
    the
    Agenc~r.
    High
    Lake
    now
    has
    a
    certified
    operator
    for
    the
    waste
    treatment
    facility.
    We
    find
    that
    the
    violations
    did
    occur
    as
    alleged.
    Under
    these
    circumstances
    we find that
    appropriate
    penalties
    for
    the
    violations
    would
    he
    $2000 for
    constructing
    and operating
    without
    a permit
    and $500
    for
    not
    having
    a certified
    operator.
    This
    opinion
    constitutes
    the
    Board~sfindings
    of fact
    and conclusions
    of
    law.
    ORDER
    1.
    High
    Lake
    Poultry,
    Inc.
    shall
    cease
    and desist
    from
    all
    violations
    found
    i.n this
    opinion
    and in
    particular
    shall
    obtain
    from
    the
    Agency
    a
    permit
    for
    the
    operation
    of
    its
    waste
    treatment
    facilities
    within
    90
    days
    of
    the
    date
    of this
    order.
    2.
    High
    Lake
    Poultry,
    Inc.
    shall
    pay to the
    State
    of
    Illinois
    by
    November
    15,
    1972
    as
    a penalty
    for
    the
    violations
    found
    in this
    proceeding
    the
    sum
    of
    ~2500.
    Penalty
    payment
    by
    certified
    check
    or
    money
    order
    payable
    to
    the
    State
    of
    illinois
    shall
    be made
    to:
    Fiscal
    Services
    Division,
    Illinois
    Environmental
    Protection
    Agency,
    2200
    Churchill
    Drive,
    Springfield,
    Illinois
    62706.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    hereby
    certify
    the
    above
    Opinion
    and Order
    was
    adopted
    on
    the
    ~
    ~‘
    ‘~dayof
    ()ctoher~ 1972
    by
    a vote
    of
    __________________
    ~
    ~
    Christan
    L.
    Moffeft,
    CYerk
    Iflinois
    Co11ut~on
    Control
    Board

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