By TIM ALEXANDER
Illinois Correspondent

NORA, Ill. — Plans for a controversial mega-dairy that would become the largest such facility in the state could be threatened after the dairy’s owners were accused of polluting local waters by allowing a liquid by-product to enter the South Fork of the Apple River in northwestern Illinois.

Illinois Attorney General (AG) Lisa Madigan filed a complaint April 21 for water pollution and discharge violations against Traditions Dairy at 12504 E. Canyon Road near Stockton, in Jo Daviess County. The complaint asks the Illinois Pollution Control Board to schedule a hearing for the facility’s owners to respond to the charges, which include allegations that Traditions Dairy failed to secure a National Pollutant Discharge Elimination System permit prior to the contamination.

The complaint, provided by Scott Mulford of the AG’s office, alleges the Illinois Environmental Protection Agency (IEPA) investigated a citizen’s complaint of discoloration in the Apple River and “traced the color back to a location at the dairy where a field tile discharged into the tributary.” An elevated level of suspended solids attributable to the discharge of silage leachate was found in samples tested by the IEPA, the complaint states.

In addition, state water regulations were violated because of the unnatural coloring of the water in the South Fork.

“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,” a news release from Madigan’s office dated April 21 reads, in part. “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.”

The complaint was brought on behalf of the people of the state of Illinois pursuant to Section 31 of the Illinois Environmental Act, 415 ILCS 5/31. Traditions Investments, LLC, the owner of Traditions Dairy, is an Illinois limited liability corporation registered and in good standing with the Secretary of State to do business in Illinois, according to the complaint. The registered agent for the dairy is listed as Thomas J. Nack of Galena.

Five counts detailed in the complaint could result in fines 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 the AG’s environmental bureau in Springfield.

Mulford declined an opportunity to speak further about the issue, saying only that the complaint by the AG’s office and subsequent news release speak for themselves. An e-mail sent to the Illinois Department of Agriculture (IDOA) seeking comment on the case was not returned by press time. The Chicago Tribune reported on April 21 that the IDOA had “approved” the dairy.

The dairy’s attorney, Don Manning, told the Tribune the allegations occurred six months ago when the facility was under construction and that action was immediately taken to resolve the issue. Since then, Manning said, there has been “no suggestion” of environmental damage caused by the leak.
Manning added that he expects his client to be vindicated.