ILLINOIS POLLUTION CONTROL BOARD

May

6,

1976

E.W.

KNEIP,

INC.,

an Indiana corporation,

Petitioner,

v.

)

PCB 76-50

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Board upon a Petition filed by

E.W. Kneip,

Incorporated

(Kneip)

for an extension of

a variance

granted on August 18,

1975

in PCB 75-171.

Kneip owns

and operates

a red meat slaughtering and packing

plant in Elburn, Kane County,

on 280 acres of land.

Approximately

400,000 gallons of water are used daily in

the slaughtering process,

the effluent from the plant being discharged to a spray irrigation

system on Kneip’s property.

The runoff from the system is the

focus

of the pollution problem in this case.

Kneip

has been

working

with

the Agency since 1973

in an effort

to develop a control system to end the pollution caused by this run-

off.

Initially a treatment plant was proposed as

a solution, but

Kneip soon found that the cost of this plant would exceed the value

of their operation at Elburn.

Kneip then proposed a pretreatment

system with eventual connection to a sewage treatment plant

to be

built by the City of Elburn with contribution from Kneip.

The

financial aspects of this solution were enhanced by the fact that

Kneip could borrow, over a long period of time,

75

of its contribu-

tion to the plant from the Federal government.

The Board Order

in

PCB 75-171 reflected this solution and set a compliance

schedule for

21—371

---

—2—

construction of the pretreatment plant.

In addition, Part

(f) of

the Board Order in PCB 75-171 stated:

“In the event that the Elburn

program is not accomplished, Petitioner shall devise and submit an

alternate compliance program by January

1, 1976”.

It is apparent at this time that Elburn will not have its treat-

ment plant in operation until sometime in 1978.

It is also apparent

that Kneip will not be able to meet the limitations set by the regu-

lations without the connection to the Elburn STP.

On the other hand

there

is no question that Kneip has followed a reasonable program for

compliance in good faith and finds

itself in the present position

through no fault of its own.

By June,

1976, Kneip will have spent

almost $500,000.00 toward compliance with the regulations, and will

have completed its pretreatment plant some six months

in advance of

the date proposed in the Board Order of PCB 75-171.

The Board will

therefore grant Kneip an extension of its variance from compliance

with Section

12 of the Environmental Protection Act and Rules

203,

402,

404,

405,

407,

408, and 903 of Chapter

3 of the Board’s Water

Regulations, with certain conditions.

Considering the lengthy delay in the construction of the Elburn

Treatment Plant, the Board finds that Part

(f)

of the Board Order in

PCB 75-171, supra,

should become operable and an interim treatment

method should be considered by Kneip.

Therefore the Board will condi-

tion Kneip’s variance upon their investigation of such interim methoc~

including but not limited to an aerated lagoon designed to reduce

BOD’

from the pretreatment facility effluent.

Kneip shall investigate

a

contingent alternate compliance program and shall report their results

to the Agency within

45 days of the date of this Order.

The Board

shall retain jurisdiction in this matter for the purpose of determi-

ning whether a reasonable alternative compliance program is possible,

should the Agency and Kneip fail to reach agreement on the matter.

This Opinion constitutes the findings of fact and conclusions

of law of the Board

in this matter.

ORDER

It

is the Order

of

the Pollution Control Board that E.W.

Kneip

Incorporated be granted variance from compliance with Section 12 of

the Environmental Protection Act and Rules

203,

402,

404,

405,

407,

408,

and 903 of Chapter

3 of the Board’s Water Regulations for its

21—372

---

—3—

facility in Elburn, Kane County,

Illinois until April

1,

1977

under the following conditions:

1.

Kneip shall complete construction of their pretreatment

system by July 1,

1976.

2.

Kneip shall not increase the strength or quantity of

wastewaters discharged.

3.

Kneip shall continue to maintain and increase operational

efficiency of their wastewater systems.

4.

Kneip shall make timely submittal of any information

concerning the Elburn sewage system upgrading program and shall

take any measure possible to expedite that program.

5.

Within 45 days of the date of this Order Kneip shall submit

to the Agency results of an investigation into the possibility

of an interim compliance program which will include but not be

limited to the construction of an aerated lagoon designed to

reduce BOD from the effluent from their pretreatment facility.

6.

The Board shall retain jurisdiction in this matter for the

purpose of determining whether a reasonable interim compliance

program is possible should Kneip and the Agency fail to reach

agreement upon the

issue.

7.

Kneip shall within

28 days after the date of this

Board Order herein, execute and forward to the Illinois

Environmental Protection Agency,

2200 Churchill Road, and

to the Pollution Control Board a Certification of Acceptance

and agreement to be bound by all terms and conditions of the

variance.

CERTIFICATION

The E.W. Kneip Company,

having read and fully understanding

the Order of the Illinois Pollution Control Board in PCB

75-171,

hereby accept said Order and agree

to be bound by all of the

terms and conditions thereof.

SIGNED

TITLE

DATE

21 —373

---

—4—

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, h re~ certify the above Opinion and Order were

adop ed on the

day of

,

1976 by a vote

of

-~

.

~

Illinois Pollution C

1 Board

21

—