Showing posts with label Attorney. Show all posts
Showing posts with label Attorney. Show all posts

Wednesday, May 18, 2011

Attorney General Madigan Files Complaint for Water Pollution, Discharge ... - eNews Park Forest

Thursday, 21 April 2011 09:43 Press Release Latest Local News ( 0 Votes ) Chicago--(ENEWSPF)--April 21, 2011.  Attorney General Lisa Madigan has filed a water pollution complaint against the owner of a dairy farm under construction in Jo Daviess County after a pink and purple-colored liquid flowed into the South Fork of the Apple River. It is alleged the liquid was leachate from silage stored at the facility.




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(Video and article have no connection.)


Traditions South Dairy, 12504 E. Canyon Road near Stockton, is owned by A.J. Bos of Bakersfield, Calif. Bos’ Tradition Investments, LLC is named in the complaint filed yesterday with the Illinois Pollution Control Board (IPBC).


According to Madigan’s complaint, on Oct. 1, 2010, the Illinois Environmental Protection Agency (IEPA) investigated a citizen complaint of discoloration in the west branch of the South Fork. Inspectors traced the color back to a location at the dairy where a field tile discharged into the tributary. Results of samples collected by the IEPA revealed, among other things, an elevated level of suspended solids attributable to the discharge of silage leachate. In addition, the unnatural color also violates state water regulations. Traditions employees told the IEPA the silage was collected at the dairy in anticipation of livestock that had yet arrived and leachate from the silage was stored in a holding pit at the dairy. The contract land applicator told inspectors he applied approximately 320,000 gallons of the silage leachate on five acres the previous day as well as Oct. 1, 2010.

Madigan’s complaint requests the IPCB to schedule a hearing in Jo Daviess County where Traditions Investments will have an opportunity to answer the five counts in the complaint that includes water pollution and operating without a National Pollutant Discharge Elimination System permit. Each count seeks a civil penalty of $50,000 per violation and an additional $10,000 for each day the violation continued.

Senior Assistant Attorney General Jane McBride is handling the case for Madigan’s Environmental Bureau in Springfield.

Source: illinoisattorneygeneral.gov

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Thursday, April 28, 2011

IL Attorney General Takes Action in Mega-Dairy Investigation - WIFR

JO DAVIESS COUNTY (WIFR) -- A six-month investigation into potential water contamination leads the Illinois Attorney General to take action against a Jo Daviess County mega-dairy.




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The owner of Tradition Dairy is facing five counts, related to a silage discharge that turned part of a nearby river purple. Charges include water pollution and operating without a federal permit that allows the dairy to discharge. This issue has been at the center of neighbors' fears the 5,000-cow facility will contaminate their drinking water. Tradition Dairy now has two months to respond to the state's complaint and faces up to $250,000 in fines. Construction at the site has been at a standstill since 2008.


UPDATE: Press Release from HOMES


Illinois Attorney General Files Five-Count Suit Against Megadairy
Suit Requests IL Pollution Control Board to Assess Fines of Over $250,000


JO DAVIESS COUNTY (HOMES) -- On April 20, the Illinois Attorney General filed a five-count suit with the Illinois Pollution Control Board against the Traditions megadairy being built by A.J. Bos in Jo Daviess County, Illinois. This suit adds yet another hurdle that the California millionaire investor will have to clear before he can operate his 5,500-head dairy, which will endanger the pristine Apple River Canyon State Park and jeopardize dozens of family-owned farms.


The five counts address Clean Water Act violations, including water pollution, discharging without a permit, and discharging effluent into waters of the state. Each of the five counts carries a penalty of $50,000 per incident plus $10,000 per day, for a total fine of more than $250,000.


Local citizens, committed to protecting their clean air, safe well water, and rural communities, have fought this facility since the California investor requested a permit in December of 2007.


The suit also asks the court to require the megadairy to apply for a National Pollution Discharge Elimination Systems (NPDES) permit. The IEPA would administer this application process, which could require extensive studies and a public hearing in Jo Daviess County. At that hearing, the public and experts can present evidence that this facility will damage the ecology of the Apple River, threaten endangered species, pollute local streams, and negatively affect the economy of the region, including existing family-owned dairies.


“The county board voted 11-to-5 to deny this facility a permit due to pollution concerns,” said Matthew Alschuler, press agent for HOMES. “These concerns were ignored by the Department of Agriculture when they erroneously issued a construction permit. Now the residents of Jo Daviess County will finally have their voices heard by a state agency.”


Bruce Yurdin, field operations manager for the IEPA, has previously stated that their agency would require some sort of karst testing on site before issuing an NPDES permit to the megadairy. State law has specific requirements that must be followed when building waste treatment ponds over fractured karst bedrock. These laws have not been followed by this facility.


On the morning of October 1, 2010, neighbors to the megadairy were shocked that the water in the Apple River tributary, fed by the megadairy site, was dark purple. Investigators from the IEPA and US EPA arrived on scene later that day, discovered that the megadairy leachate pond was purple, and documented purple biologically active silage leachate pooled on saturated ground. They interviewed a contractor for the megadairy who admitted to applying 320,000 gallons of purple leachate to five acres of land, an application rate about 20 times the customary level. Both environmental agencies took water samples from the purple stream and the purple leachate pond. On October 8, 2010, the IEPA referred the case to the IL Attorney General for enforcement.


A copy of the complaint can be downloaded from the IPCB site:


A press release from the IL Attorney General can be read at:


For more information about HOMES and to help support our cause, visit:


HOMES (Helping Others Maintain Environmental Standards) is a 501(c)(3) tax exempt, pro-agriculture group of farmers and citizens dedicated to protecting family farms, rural communities, human health, and the environment by promoting sustainable agriculture and conserving our natural resources.

Posted by: Same Ol' Song & Dance Location: Illinois on Apr 21, 2011 at 06:36 AM
Sam ol song and dance slap on the wrist !

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