Community News
Homeowners sue Macoupin County hog farm over strong odor
Swine Farm (Stock photo)
Homeowners in northwest Macoupin County are suing the owners, operators and affiliates of a swine production facilities for damages “beyond the jurisdictional limits of the (circuit) court” in a three-year-old case transferred this week to Macoupin County Circuit Court from St. Clair County.
The suit seeks unspecified amounts of actual and punitive damages to be determined by a jury.
The original suit, filed Feb. 28, 2012, in St. Clair County Circuit Court, named Fragrant 40, along with the company’s principals Ronald D. Seabaugh, Belleville, and Jeff Seabaugh, as defendants. Over the course of three years, the suit has picked up multiple additional defendants, including Alan Investments, Inc., Bacon By Gosh, Inc., Dykhuis Farms, Inc., Tosh Pork, LLC, Silver Creek Pig, Inc., and Professional Swine Management, LLC. The file transferred to Macoupin County includes hundreds of pages and is nearly eight inches thick.
The suit alleges Fragrant 40 acquired the facility in 2008 and has been using five of the facility’s seven hog confinement buildings to produce 4,700 hogs annually. Among other issues, the suit alleges collection pits beneath the buildings are inadequate for handling the volume of manure and urine produced by the livestock, and are subject to storm water infiltration that further limits their capacity. The site, located in Barr Township, features two lagoons for holding animal waste and a clear-water pond.
The suit claims the Illinois Environmental Protection Agency has investigated past instances in which discharge from the lagoons has been allowed to enter into a tributary to nearby Taylor Creek. Despite violation notices from IEPA, according to the suit, the discharge into nearby public waters has continued, turning the water reddish brown in areas close to the discharge.
The complaint further alleges the defendants have periodically removed animal waste from the facility to be spread upon agricultural lands also owned by Fragrant 40, but that the acreage is inadequate for handling the amount of waste the facility produces. Further allegations include improper disposal of dead hogs that has contributed to unbearable odors from the facility. The suit includes three counts for each set of defendants alleging temporary nuisance, negligence and continuing trespass. The continuing trespass allegation argues that allowing smells to encroach upon surrounding properties constitutes trespass onto those properties.
After lodging one complaint, the suit alleges, the Clarks discovered a severed sow’s head that had been placed on their front lawn.
The Clark’s home is located two-tenths of a mile from the swine production facility. The Norris/Gall home is located half a mile away.
Both sets of defendants claim the smells and particulates from the facility prevent them from being outdoors at their homes, preclude them from entertaining guests and relatives and, in some instances, resulted in illnesses. The Clarks claim they have resorted to sometimes sleeping in their basement in an effort to escape the odors. The smells, according to the defendants, come from the confinement buildings’ pits and lagoons, from spreading and spraying wastes on neighboring property, from the incineration of dead hogs, from the composting of hog carcasses and from hog carcasses allowed to improperly accumulate before disposal.
The suit seeks unspecified amounts of actual and punitive damages to be determined by a jury.
In August 2011, Attorney General Lisa Madigan filed a complaint in chancery seeking damages in excess of $50,000
The state’s complaint also alleged violations of Illinois EPA permits, and detailed problems offensive odors caused for families living near the facility. One family said odors emanating from the facility forced them to cancel a Fourth of July celebration at their home last year. On another occasion, a visiting family member became ill from odors coming into the home.
According to the complaint, during two of three Illinois EPA inspections in November 2009, the lagoon at the Fragrant 40 facility was overflowing and discharging liquid waste into a nearby creek that leads to the Illinois River. A third discharge resulted from a hose that burst during land application of manure. The IEPA issued a violation notice to Fragrant 40 for the discharges.
The case has been moving through Macoupin County Circuit Court for nearly five years. A case management conference is set for June 23 before Judge April Troemper.
The case has been moving through Macoupin County Circuit Court for nearly five years
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The Wilsonville Progressive Club will celebrate and host a 90 year Anniversary Party on Saturday, May 11. The party will include a catered dinner, a live band, and fireworks.
Doors will open at 2 pm with a catered dinner being served at 4 pm. The Shane Kessinger Experience (live band) will play at 5 pm, and a grand fireworks display will be held at dusk.
The Progressive Club was originally established in 1934 by the Progressive Miners and was located on the northwest side of Wilsonville’s main street. The Club moved to their new building in January of 1949 and today this is still the current location at 212 Wilson Street in Wilsonville.
Wilsonville was founded in 1917 when Superior Coal Co. Mine No. 4 was sunk and this was the most modern mine in the Superior field. At that time, the little settlement which grew up around the mine was called Wilson. One day a worker paused and asked, “What are we going to name this town?” President Wilson was in office, thus the town was then and there named Wilson until 1919 when it was incorporated and the name expanded to Wilsonville.
The Wilsonville Progressive Club is operated and maintained by an elected panel of trustees and loyal members. The Club is open to the public and membership is always welcome. The large outdoor covered pavilion and manicured grassy side lot offer an attractive and convenient venue for any event along with inside facilities.
If you are interested in renting for any kind of event, call 217-835-3122 during open hours which are Thursday, Friday and Saturday, 4 pm to close, and Sunday doors open at 2 pm. Every Sunday afternoon at 4 pm is the Queen of Hearts drawing and the Club is on Facebook as well.
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SUNDAY, APRIL 14, 2024
An officer was dispatched to the 100 block of East Oak Street in reference to a dog bite.
An officer was dispatched to the 700 block of Abba Street to pick up a found item.
An officer was dispatched to the 100 block of East Maple Street in reference to a domestic dispute.
An officer was dispatched to the 400 block of West Chestnut Street in reference to a burglary.
An officer was out in the 200 block of North Macoupin Street in reference to a motorist assist.
An officer was dispatched to the 700 block of Schmidt Street in reference to a 911 call.
An officer was dispatched to the 300 block of South 1st Street in Benld in reference to a domestic dispute.
An officer was dispatched to the 500 block of Broadway Street in reference to a medical call.
An officer was dispatched to the 400 block of South Illinois Street in Benld in reference to illegal burning.
An officer was dispatched to the 200 block of South 5th Street in Benld in reference to an animal complaint.
An officer was dispatched to the 500 block of Horizon Street in reference to a 911 call.
MONDAY, APRIL 15, 2024
An officer was dispatched to Gillespie Police Department to speak with a male in reference to a theft in the 100 block of South Main Street in Benld.
An officer was dispatched to the 500 block of West Osie Street in reference to a violation of an order of protection.
Nicholas O. Landolt, 36, of Gillespie was arrested on multiple warrants including one out of St. Clair County for possession for methamphetamine, a second one out of Montgomery County for failure to appear for driving while license was revoked, and a third out of Macoupin County for failure to appear for methamphetamine.
An officer was dispatched to East Walnut Street in reference to a suspicious noise.
An officer was dispatched to the 700 block of Abba Street in reference to a juvenile issue.
An officer was dispatched to the 500 block of Broadway Street in reference to a medical alarm.
An officer spoke with a male at Gillespie Police Department in reference to a theft in the 200 block of West Oak Street.
An officer spoke with a female at Gillespie Police Department in reference to criminal damage to her property.
An officer spoke with a male at Gillespie Police Department in reference to identity theft.
An officer spoke with a female in the 100 block of North 7th Street in Benld in reference to a neighbor dispute.
An officer spoke with a female at Gillespie Police Department in reference to a violation of an order of protection.
An officer was dispatched to the 200 block of Southern Street in reference to a suspicious person.
TUESDAY, APRIL 16, 2024
An officer was dispatched to the 1100 block of South Macoupin Street in reference to criminal damage to property.
An officer was dispatched to the 900 block of South Macoupin Street in reference to a domestic dispute.
An officer was dispatched to the 700 block of East Walnut Street in reference to criminal trespass to property.
An officer was dispatched to the 600 block of North 7th Street in Benld in reference to criminal trespass to property. Melissa J. Hughes, 49, of Benld was arrested on a Montgomery County warrant for theft/larceny.
An officer was dispatched to the 100 block of East Maple Street in reference to criminal trespass to property.
An officer was dispatched to the 300 block of Francis Street in reference to a traffic crash.
An officer spoke with a female at Gillespie Police Department in reference to a civil issue in the 700 block of Rose Street in Benld.
An officer was dispatched to the 200 block of South 5th Street in Benld in reference to a domestic dispute.
An officer was dispatched to the 300 block of East Pine Street to assist the Department of Children and Family Services.
An officer was dispatched to the 400 block of Broadway Street in reference to reckless driving.
An officer was dispatched to the 300 block of East Central Avenue in Benld in reference to a 911 call.
WEDNESDAY, APRIL 17, 2024
An officer spoke with a female at Gillespie Police Department in reference to fraud in the 200 block of South Macoupin.
An officer was dispatched to a business in the 500 block of East Elm Street in reference to criminal trespass to property.
An officer was dispatched to Route 4 and Staunton Road in reference to reckless driving.
An officer was dispatched to the 600 block of Gillespie Street in reference to unwanted solicitors.
An officer was dispatched to High Street and Gillespie Street in reference to a suspicious noise.
An officer was dispatched to the 300 block of High Street in reference to unwanted solicitors.
An officer spoke with a male at Gillespie Police Department in reference to a civil standby.
An officer was flagged down at Elm Street and Clinton Street and spoke with an individual in reference to a civil issue.
An officer was dispatched to the 200 block of Mt. Olive Road in Eagarville in reference to a domestic dispute.
An officer spoke with a male at Gillespie Police Department in reference to a suspicious circumstance.
THURSDAY, APRIL 18, 2024
An officer was dispatched to a business in the 400 block of South Macoupin Street in reference to a panic alarm sounding.
An officer was dispatched to the 1300 block of South Second Street in reference to a civil standby.
An officer was dispatched to the 400 block of West Osie Street in reference to a dog bite. Heather L. Kimberlin, 47, of Gillespie was issued a citation for dog at large.
An officer was dispatched to the 400 block of West Baker Street in reference to a juvenile issue.
An officer was out with a suspicious vehicle in the alley in the 500 block of Park Avenue.
An officer was dispatched to East Walnut and South Main Street in Benld in reference to reckless driving.
An officer was dispatched to the Veterans Memorial Park in Benld in reference to a suspicious vehicle that had been parked there for a couple of days.
Gillespie Police Department was requested for traffic control by the Gillespie Fire Department for a fire on Eagarville Road.
FRIDAY, APRIL 19, 2024
An officer was dispatched to the 700 block of East Walnut Street in reference to a traffic crash.
An officer was dispatched to the 300 block of South Street in Gillespie in reference to a juvenile issue.
An officer was dispatched to the 700 block of Litchfield Road in East Gillespie in reference to a suspicious person at the storage units. Kathy J. Henderson, 49, of Sawyerville was arrested on a Macoupin County warrant for failure to appear for bad checks
An officer initiated a traffic stop at Maple Street and Macoupin Street. Kenny L. Fults, 18, of Belleville was issued a citation for possession of cannabis.
An officer was dispatched to the 200 block of Mt. Olive Road in Eagarville in reference to civil standby.
An officer was dispatched to the 500 block of West Burton Street in reference to an animal complaint.
SATURDAY, APRIL 20, 2024
An officer was dispatched to the 700 block of Abba Street in reference to a domestic dispute.
An officer was dispatched to the 400 block of North 7th Street in Benld in reference to criminal trespassing. Timothy J. Dalpozzo, 57, of Benld was arrested for criminal trespassing to residence and a Macoupin County warrant for criminal trespassing to a residence.
An officer initiated a traffic stop at South Street and Chestnut Street and charges are pending crime lab results.
An officer was dispatched to the 100 block of East Maple Street in reference to reckless driving.
An officer was dispatched to Macoupin Street and Elm Street in reference to reckless driving.
An officer was dispatched to the 400 block of Osie Street in reference to a dog at large.
An officer was dispatched to the 600 block of North 8th Street in Benld in reference to medical assist.
An officer was dispatched to the 200 block of West Spruce Street in reference to a suspicious person.
An officer was dispatched to the 400 block of West Baker Street in reference to criminal trespass to property.
An officer was dispatched to the 300 block of Park Street in Benld in reference to a medical call.
An officer spoke with a male at Gillespie Police Department in reference to an ordinance issue.
All subjects are presumed innocent until proven guilty in a court of law.
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LITCHFIELD, Ill. — HSHS St. Francis Hospital is offering service opportunities to area teens this summer through the 2024 Junior Volunteer Program. Applications are being accepted now through May 1.
Applicants must be high school students maintaining at least a “C” average, be a minimum of 14 years of age by June 1 and be willing to volunteer at least two hours per week during the summer program. Junior volunteers will perform a variety of duties in various hospital departments.
Registration materials are available on the hospital’s website volunteer page at https://www.hshs.org/st-francis/community/volunteer.
All participants in the program will be required to present proof of immunizations for MMR (measles, mumps, and rubella), and Varicella (chicken pox). An additional requirement includes attendance at a hospital orientation.
A limited number of positions will be available. For more information, contact HSHS St. Francis Hospital at 217-324-8200.
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