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Illinois AG alleges water and air pollution


September 13, 2011
By Illinois Attorney General's Office

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Illinois AG alleges water and air pollution
Illinois Attorney General Lisa Madigan announced a lawsuit recently against a Macoupin County, IL, swine finishing operation over
allegations of water and air pollution violations

September 7, 2011,
Chicago, IL – Illinois Attorney General Lisa Madigan announced a lawsuit recently against a Macoupin County, IL, swine finishing operation over
allegations of water and air pollution violations.

The lawsuit alleges that
Fragrant 40 LLC created water and air pollution from years of generating more
livestock waste than the facility's aging waste-handling system could
accommodate.

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According to the lawsuit,
the lagoon at the Fragrant 40 facility was allegedly overflowing and
discharging liquid into a nearby creek that leads to the Illinois River during
two of three Illinois Environmental Protection Agency (IEPA) inspections in
November 2009. An alleged third discharge resulted from a hose that burst
during land application of manure. The IEPA issued a violation notice to the
company for the discharges.

Fragrant 40 is a
4,500-head swine operation with manure pits underneath seven permanent
finishing buildings, with five of the buildings used in the course of business.
Fragrant 40 allegedly had ongoing problems keeping up with the management of
its livestock waste system and clean water diversion problems at the facility,
which contributed to a buildup of waste causing the system to overflow. Madigan
alleges that these problems resulted in water pollution violations along with
offensive odor allegations and citizen complaints.

“This operation’s failure
to have a proper waste system has resulted in air and water pollution that
jeopardizes the area’s public health,” Madigan said.

Madigan alleges a total of
six counts of water and air pollution violations as well as violations of
Illinois EPA permits. For the air pollution count, Madigan alleges that
problems were caused for families living near the facility due to offensive
odors. One family member said that odors emanating from the facility forced
them to cancel a July 4 celebration at their home last year and, on another
occasion, a visiting family member became ill from odors coming into the home.

Madigan’s lawsuit seeks a
$50,000 penalty for each violation and an additional $10,000 for each day the
violations continue for the lagoon overflow discharges, recent discharges from
confinement buildings and equipment malfunctions.


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