ILLINOIS POLLUTION CONTROL BOARD
    February
    1,
    1979
    QUINCY SOYBEAN COMPANY,
    Petitioner,
    v.
    )
    PCB 78—281
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on a Petition for Extension
    of Variance filed on November 13,
    1978 by Quincy Soybean Company
    (“Quincy”)
    requesting an extension of its existing variance
    (PCB 76-113)
    from the thermal discharge standard of Rule 203(i)
    of
    Chapter
    3:
    Water Pollution Regulations
    to allow the discharge of
    5.5 MGD of cooling water effluent
    (average temperature 800 Fahrenheit)
    to Curtis Creek, approximately 1,500 feet from its confluence with
    the Mississippi River.
    The Petitioner has waived its right to a
    hearing,
    and no hearing has been held.
    On December 15,
    1978, the
    Illinois Environmental Protection Agency
    (“Agency”)
    filed its
    Recommendation.
    The Agency recommended that the Petition for
    Extension of Variance be granted for a period to run until failure
    or refusal of the City of Quincy to lease its
    36 inch outfall
    sewer to Petitioner, availability of that sewer to Petitioner, or
    until July
    1,
    1979.
    The Quincy Soybean Company, which processes soybeans to
    produce soybean oil and soybean meal,
    is located at 1900 South
    Front Street in Quincy, Adams County,
    Illinois.
    The Petitioner
    previously discharged
    its cooling water and process water into the
    Mississippi River via drainage ditches and pumping plant owned by
    the South Quincy Drainage District.
    The South Quincy Drainage
    District refused to renew the Company’s contract (authorizing this
    discharge)
    which expired on December
    31, 1976
    (due to the District’s
    inadequate pumping capacity).
    At the present time,
    there is no
    evidence that the South Quincy Drainage District would consider
    renewing its contract with the Quincy Soybean Company.
    (Agency
    Recommendation,
    p.
    3).
    The variance that the Petitioner received on August
    5,
    1976
    in PCB 76-113 was to terminate on the extension or modification of
    Quincy’s contract to discharge to South Quincy Drainage District,
    the failure of the City of Quincy to agree to lease
    its
    36 inch
    32—497

    —2—
    outfall sewer to Petitioner,
    the availability of the 36
    inch sewer
    to Petitioner, or upon December
    31, 1978.
    The Company has a
    tentative agreement
    to lease the City of Quincy’s
    36 inch outfall
    sewer to the Mississippi~River when that sewer
    is abandoned by the
    City.
    This outfall sewer will be abandoned when the City’s new
    sewage treatment plant becomes fully operational and the outfall
    sewer is no longer needed for the old sewage treatment plant.
    The
    abandonment of the City of Quincy’s old sewage treatment plant was
    originally predicted to occur
    in July of 1978,
    but has been
    repeatedly postponed.
    It now appears likely that the
    36 inch
    outfall sewer will not become available
    to the Petitioner until
    some time
    in the near future after December 31,
    1978.
    The
    Petitioner’s original variance was granted subject to its completion
    of a separation of process waste, cooling water and waste from floor
    drains by April
    15,
    1977,
    and its submission of
    a report to
    the
    Agency on the feasibility of phasing
    its plant shutdowns to avoid
    fish kills due to thermal
    shock.
    The Agency has indicated that
    the Petitioner has timely complied
    with
    these conditions of the
    Board Order of August
    5,
    1976.
    (Agency Recommendation, p.
    3).
    Moreover,
    the Agency has noted
    “no instances of environmental harm
    attributable to the heated discharge.”
    (Agency Recommendation,
    p.3).
    The Agency believes that,
    in view of the timetable and cost
    involved in attaining compliance by installing a new sewer line to
    the Mississippi River;
    the negligible environmental damage due to
    the discharge;
    and the likelihood of compliance being achieved
    shortly by lease of the City of Quincy’s 36 inch outfall sewer,
    to
    require the Petitioner to achieve compliance by construction of a
    new sewer would impose an arbitrary and unreasonable hardship.
    (Agency Recommendation,
    p.
    3).
    The cost of installation of a new
    sewer line from the Petitioner’s plant to the Mississippi River
    was estimated by the Quincy Soybean Company in 1976 to be
    $50,000.00
    ,
    and would probably be considerably more today.
    (Agency Recommendation,
    p.
    2).
    Accordingly,
    in light of the minimal environmental impact and
    countervailing costs of compliance,
    the Board finds that denial of
    the requested relief would impose an arbitrary and unreasonable
    hardship upon the Petitioner.
    The Petitioner,
    the Quincy Soybean
    Company,
    is hereby granted a variance from the thermal discharge
    standard of Rule 203(i) of the Board’s Water Pollution Regulations
    to allow the discharge of cooling water into Curtis Creek,
    approximately 1,500 feet from its confluence from the Mississippi
    River, at an average rate of 5.5 MGD and an average temperature of
    80°F.
    for a period
    to run until failure or refusal of the City of
    Quincy to lease its 36 inch outfall sewer to Petitioner, availability
    of that sewer to Petitioner,
    or until July
    1,
    1979.
    The Board will direct the Agency to modify Petitioner’s NPDES
    permit pursuant to Rule 914 of Chapter
    3:
    Water Pollution
    32—498

    *3—
    Regulations to include interim monitoring and reporting require-
    ments and such effluent limitations as may be reasonably achieved
    through the application of best practicable operation and
    maintenance practices in the existing facilities.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    The Petitioner,
    the Quincy Soybean Company,
    is hereby
    granted a variance from Rule 203(i)
    of Chapter
    3:
    Water Pollution
    Regulations to allow the discharge of cooling water into Curtis
    Creek, approximately 1,500 feet from its confluence from the
    Mississippi River, at an average rate of 5.5 MGD and an average
    temperature of 80°F.
    for a period
    to run until failure
    or refusal
    of the City of Quincy to lease its
    36 inch outfall sewer to
    Petitioner, availability of that sewer to Petitioner,
    or until
    July
    1,
    1979.
    2.
    Petitioner, within
    30 days of the date of this order,
    shall request Agency modification of NPDES permit to incorporate
    all conditions of the variance set forth herein.
    3.
    The Agency, pursuant to Rule
    91.4 of Chapter
    3:
    Water
    Pollution Regulations shall modify NPDES permit consistent with the
    conditions set forth
    in this Order
    including interim monitoring
    and reporting requirements and such effluent limitations as may
    reasonably be achieved through the application of best practicable
    operation and maintenance practices in the existing facilities.
    4.
    Within forty-five
    (45)
    days of the date of this Order, the
    Petitioner shall submit to the Manager, Variance Section, Division
    of Water Pollution Control, Illinois Environmental Protection
    Agency,
    2200 Churchill
    Road,
    Springfield,
    Illinois,
    62706, an executed
    Certification of Acceptance and Agreement to be bound to all terms
    and conditions of the variance.
    The forty-five day period herein
    shall be suspended during judicial review of this variance pursuant
    to Section
    41 of the Illinois Environmental Protection Act.
    The
    form of said certification shall be as follows:
    CERTIFICATION
    I,
    (We), _____________________________
    having
    read the Order of the Pollution Control Board
    32—499

    —4—
    in PCB 78-281, understand and accept said Order,
    realizing that such acceptance renders all terms
    and conditions thereto binding and enforceable.
    IT
    IS SO ORDERED.
    SIGNED
    TITLE
    DATE
    I, Christan L.
    Moffett, Clerk
    of the Illinois Pollution
    Control Board, herj~ycertify
    -he above Opinion and Order were
    adopted on the
    j
    day of
    ______,
    1979 by a
    vote of
    -O
    —.
    Illinois Pollution
    Board
    •~2—30()

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