Illinois EPA refers Fehr Swine Farm to Attorney General for enforcement

SPRINGFIELD—Illinois Environmental Protection Agency Director Doug Scott has asked the Illinois Attorney General's office to proceed with an enforcement action against Fehr Brothers Swine Farm, Woodford County, for discharge from a swine confinement facility near Panola, into waters of the State.

 

The address of record for Fehr Brothers Swine Farm is 1217 State Route 117, Eureka.  The owners/operators are Kenneth Fehr and four sons, who also run other swine confinement operations in and around Woodford County. 

 

On February 14, 2011, Illinois EPA received a complaint from a citizen of Woodford County who reported what appeared to be swine waste in an unnamed tributary to Panther Creek.  The following day an Agency inspector was dispatched to the site, along with an Illinois Conservation Police officer.  The inspection identified the source of swine waste as a 92-acre field, located at 1350 North Road at 2600 East Road, near Eureka.

 

Inspection reports show that Fehr stockpiled at least 65 semi-trailer loads of swine waste (approximately 400,000 gallons) on the 92 acres of frozen farm ground.  The stockpiling began on or around January 24, 2011, and continued through February 2, 2011, when blizzard conditions began in the area.  As the frozen swine waste thawed, it began to run off from the stockpile toward Panther Creek, causing a pollution hazard in waters of the state.  The inspector observed some discoloration in the creek; however, observations were limited due to ice on the water surface.  Odor of swine waste at that location was indistinguishable from the odor caused by the stockpile and inappropriate land application

 

In addition to the 92-acre site of the stockpile, the inspector also visited three of the other swine confinement facilities operated by Fehr.  Only two of the Fehr confinement locations contributed to the 400,000 gallons of swine waste.  At one of the facilities, the inspector observed ample lagoon capacity to accommodate the waste that had been stockpiled on the 92-acre tract.

 

The Illinois EPA requested the Attorney General require that compliance measures be taken by Fehr, including immediately stopping any swine waste from leaving the 92-acre stockpile location; properly diverting stormwater from that location; ceasing application of swine waste on snow, ice-covered or frozen ground; pumping and properly containing the waste on the 92-acre tract and maintaining records of the volume of waste removed and submitting them weekly to the Illinois EPA. 

 

In addition, Fehr should be required to obtain an environmental consultant to create a plan to address the ongoing threat to waters of the state created by the stockpile of swine waste. 

     

The Illinois EPA will continue to provide technical and other support, as needed, to the Attorney General.