ILLINOIS POLLUTION CONTROL BOARD
    February 25,
    1988
    IBP,
    INC.,
    Petitioner,
    v.
    )
    PCB 86—174
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    RICHARD
    J.
    KISSEL (MARTIN, CRAIG, CHESTER AND SONNENSCHEIN)
    APPEARED ON BEHALF OF PETITIONER;
    AND
    E.
    WILLIAM HUTTON AND KATHLEEN
    C.
    BASSI
    (ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY) APPEARED ON BEHALF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.D. Dumelle):
    This matter
    comes before the Board upon an October
    10,
    1986
    Petition
    for Variance filed
    by
    IBP,
    Inc.
    (“IBP”).
    IBP requests
    variance from the requirements
    of
    35 Iii.
    Adm. Code 304.120(b)
    (total suspended solids “TSS”
    in discharged effluent)
    to enable
    it to continue
    to operate a beef slaughter and processing
    facility
    in Joslin,
    Illinois.
    IBP also requests variance from
    its NPDES Permit No. 1L0003913
    relating to TSS pursuant to
    35
    Ill.
    Adm. Code
    309.184.
    IBP asks
    that variance be granted
    for a
    term of one year while
    it conducts
    a plan
    of study to determine
    how to comply with the above—stated requirements.
    Specifically,
    IBP seeks to raise
    the standards
    for monthly averages and daily
    maximums
    for TSS concentrations from
    25 mg/i
    to
    54 mg/l and from
    50 mg/i
    to 108 mg/l,
    respectively.
    IBP’s original petition included
    a statement waiving
    its
    right
    to
    a hearing on the petition.
    On December
    1, 1986
    the
    Illinois Environmental Protection Agency
    (Agency) filed
    a motion
    for leave to file Agency Recommendation instanter
    and Agency
    Recommendation.
    That motion was granted
    by Board Order
    of
    December
    5,
    1986.
    The Agency recommended denial
    of variance for
    failure
    to set forth
    a full and detailed compliance plan.
    On
    December
    3,
    1986, IBP filed
    an amended petition for variance,
    requesting
    a hearing
    on the petition.
    Subsequent negotiations
    between
    IBP and the Agency, however, obviated the necessity for
    hearing
    (see Board Order, October
    15,
    1987).
    On August 27,
    1987,
    the Agency filed an Amended Recommendation,
    recommending
    that the
    variance be granted subject
    to certain specified conditions.
    86—313

    —2—
    On February
    1,
    1988
    IBP filed
    a motion
    for expedited
    decision.
    After noting that an agreement had been reached
    between
    the Agency and IBP “concerning
    the granting of
    (the
    recommended)
    variance and the conditions
    to be attached
    to
    that
    grant,”
    IBP stated that
    it has been expending its efforts
    in
    attempting
    to comply with
    the compliance schedule set forth
    in
    the
    (recommended)
    variance.
    IBP states that
    it “believes
    that
    the requisite
    facts are that the variance should be granted under
    the conditions
    as set forth
    in the Agency Recommendation.”
    IPB’s
    motion for expedited decision
    is hereby granted.
    IBP owns and operates
    a beef slaughter and processing plant
    located near Joslin,
    Illinois
    in Rock Island County.
    IBP
    estimates
    kill rates
    at 2500 head per day and processing at 3200
    head per day.
    The extra
    700 head per day comes from IBP’s other
    facilities.
    As part
    of its plant,
    IBP owns and operates wastewater
    treatment facilities.
    These consist of
    a manure pit,
    a dissolved
    air flotation
    unit.,
    a raw sewage lift station,
    two anaerobic
    lagoon cells,
    a bar screen,
    an activated sludge system,
    an
    intra—
    channel clarifier and chlorination.
    A second treatment scheme
    utilizing lagoons
    is
    also available.
    Discharge from IBP’s
    facilities is
    to the Rock River,
    a tributary of the Mississippi
    River and a water
    of the State.
    On May 9,
    1983, IBP submitted
    to the Agency
    a construction
    permit application
    for
    the present activated sludge system.
    That
    application was initially denied for several reasons,
    including
    the Agency’s concern that the use of an intra—channel clarifier
    would not allow the facility to meet effluent limitations.
    Following resubmittal,
    the construction permit was issued on
    September
    19,
    1983.
    Following construction
    of the new facility,
    many problems
    of
    a design nature occurred.
    The most significant
    is the failure
    of the intra—channel clarifier.
    It appears
    that
    because
    of
    the design of this unit,
    IBP cannot control
    the amount
    of sludge solids returned
    to the activated sludge
    process.
    As
    a
    result,
    mixed liquor solids have generally been
    in the 1,000
    to
    1,500 mg/i range, which
    is considered
    low.
    Without operational
    control over sludge return,
    IBP cannot attain steady
    state
    operation of the activated sludge units.
    Also,
    IBP has had
    difficulties with
    the structures which hold the mixers
    in the
    activated sludge unit.
    However,
    it appears that these structures
    have finally been repaired satisfactorily.
    On April
    3,
    1987,
    IBP submitted
    an application
    for
    construction of
    a blue chrome tannery at its Joslin facility.
    Wastes generated
    by operation
    of the tannery would
    be discharged
    to the WWTP.
    IBP estimates the following increases
    in loadings:
    86—314

    —3—
    Anaerobic Lagoon Influent Loadings
    Original Design
    Existing
    Proposed
    Wastewater
    Loadings
    Loadings
    Loadings
    Characteristics
    lbs/day/mg/i
    lbs/day/mg/l
    lbs/day/mg/l
    Flow, mgd
    1.8 mgd
    1.47 mgd
    1.73
    mgd
    Biochemical
    Oxygen Demand
    19,000
    1,900
    16,900
    1,380
    26,600
    1,840
    Total Suspended
    Solids
    24,000
    1,600
    11,500
    940
    23,400
    1,620
    Oil & Grease
    9,200
    620
    5,040
    410
    9,500
    660
    Chlorides
    12,000
    810
    16,800
    1,370
    12,400
    860
    Sulfates
    490
    40
    3,030
    210
    Sulfides
    0
    0
    1,200
    83
    Chromium
    0.25*
    0.02*
    6.25
    .043
    Activated Sludge Plant Influent Loadings
    Original Design
    Existing
    Proposed
    Wastewater
    Loadings
    Loadings
    Loadings
    Characteristics
    lbs/day/rng/l
    lbs/day/mg/i
    lbs/day/mg/l
    Flow, mgd
    1.8 mgd
    1.26 mgd
    1.48 mgd
    Biochemical
    Oxygen Demand
    3,000
    200
    12,000
    114
    2,940
    240
    Total Suspended
    Solids
    3,000
    200
    1,590
    151
    2,470
    220
    Ammonia Nitrogen
    2,700
    180
    1,570
    149
    3,250
    260
    Chlorides
    12,000
    810
    14,360
    1,370
    10,600
    860
    Sulfates
    420
    40
    4,500
    360
    Suifides
    160
    15
    990
    Chromium
    0.25*
    0.02*
    4.1
    0.33
    The permit application was denied by the Agency on May 12,
    1987.
    Subsequently,
    IBP presented additional technical
    evidence,
    and an Agency permit authorizing construction
    of the tannery was
    issued on July
    1,
    1987.
    It
    is anticipated
    that the tannery will
    become operational on or about June
    1,
    1988.
    Alternative Compliance Measures
    IBP is not seeking
    a plan
    of study variance, but
    is
    committed
    to achieving compliance by the end of
    the variance
    period by employing conventional
    treatment methods.
    The Agency
    and IBP have,
    through negotiations, agreed that IBP will examine
    the following conventional treatment methods:
    (1) clarification,
    *
    Assumed Values
    86—315

    —4—
    (2)
    filtration,
    and
    (3)
    a combination of clarification and
    filtration.
    The Agency notes that IBP will
    need time
    to evaluate
    the effectiveness and the cost of those conventional treatment
    methods.
    The Agency anticipates
    that the employment of
    conventional
    treatment methods will allow IBP’s effluent
    to
    achieve compliance;
    however,
    if that
    is not the case,
    IBP may
    seek further
    relief from the Board.
    Hardship
    The Agency stated
    in its Recommendation that denial
    of
    a
    variance would create hardship to IBP due
    to
    its potential
    exposure
    to enforcement.
    The Agency noted also that
    a
    concomitant area
    of hardship would involve
    the financial and
    technical difficulties inherent
    in achieving
    immediate
    compliance.
    The Agency stated that, while
    the hardship cannot be
    precisely quantified,
    IBP has established hardship “sufficient
    to
    allow the granting of a variance.”
    The Board accepts the
    Agency’s determination and agrees that IBP has established
    hardship.
    Environmental Impact
    IBP alleges
    that
    the environmental impact of granting
    of
    this variance would
    be minimal.
    This assertion
    is based
    upon a
    review of total
    suspended solids levels
    in the Rock River
    downstream of the discharge, and a calculation as
    to
    the impact
    of IBP’s discharge.
    The Agency generally concurred with
    IBP’s
    assertion because
    of the relatively small size of the discharge
    in relation
    to flows
    in the receiving stream.
    The Agency stated
    that the discharge would not have
    a significant impact on total
    suspended solids
    levels
    in the river.
    Further,
    the Agency stated
    that the hardship to IBP outweighs any adverse environmental
    impact.
    Federal Law
    Both
    IBP and the Agency reviewed plant data
    in order
    to
    determine the discharge
    limit
    for TSS allowable pursuant to
    40
    CFR 432.
    The Agency stated also that the additional TSS loading
    from the tannery will affect the allowable federal
    limit.
    The
    consensus of the parties was
    that the allowable limits are as
    follows:
    TSS Concentration (mg/l)
    30—day average
    daily maximum
    Prior to start—up
    60
    119.9
    of tannery
    Following start—up
    66.8
    136.1
    86—3 16

    —5—
    The Agency recomended that the discharge be limited to these levels during
    the period of the variance.
    The Board notes
    that because
    IBP and the Agency are
    in
    agreement as
    to the facts and recommended remedy,
    there are no
    contested issues.
    Therefore,
    the Board finds that
    the evidence
    supports the granting
    of the recommended variance to
    IBP.
    Absent
    the variance,
    IBP would suffer arbitrary and unreasonable
    hardships.
    In summary, the variance
    is granted
    until December
    31,
    1988
    subject to the conditions specified
    in the Agency Recommendation
    and agreed
    to by IBP.
    The Board notes that the Agency
    Recommendation recommends variance only from 35
    Ill. Adm.
    Code
    304.120(a).
    IBP’s petition requested variance from 35
    Ill. Adm.
    Code 304.120(b)
    and NPDES Permit No. 1L0003913.
    The Board
    assumes
    that Section 304.120(b)
    is the proper subsection because
    the record
    indicates that IBP’s untreated waste load exceeds
    10,000 population equivalents.
    The Board grants the variance
    from the NPDES Permit as well.
    This Opinion constitutes the Board’s findings
    of
    fact and
    conclusions
    of law in this matter.
    ORDER
    The Petitioner, IBP,
    Inc.,
    is hereby granted variance from
    35 Ill.
    Adm.
    Code 304.120(b)
    (as
    it pertains
    to total suspended
    solids)
    and from
    the conditions
    of NPDES Permit No. IL00039l3
    relating to total suspended
    solids until December
    31,
    1988,
    subject
    to the following conditions:
    A.
    Discharge of TSS shall not exceed the following levels:
    ‘ISS Concentration (mg/l)
    30—day average
    daily maximum
    Prior to start—up
    60
    119.9
    of tannery
    Following start—up
    66.8
    136.1
    B.
    Petitioner shall up—grade its Waste Water Treatment Plant in
    accordance with the following schedule:
    Item
    Completion Date
    Sukrnit permit application,
    5/1/88
    plans and operations to
    IEPA/DWPC/Permits
    Obtain permit
    8/1/88
    86—317

    —6—
    Co~nenceconstruction
    8/15/88
    Complete construction
    12/31/88
    C.
    Petitioner shall make all reasonable efforts
    to
    complete up—grading
    in accordance with the schedule set
    forth
    in paragraph
    b,
    above.
    However,
    if Petitioner
    is
    unable
    to complete up—grading due
    to factors beyond
    its
    control
    (such
    as inclement weather
    or delays
    in
    obtaining manufactured equipment),
    it may seek
    to
    obtain an extension of the completion schedule by
    filing
    for
    an extension of
    this variance.
    10.
    Within forty five
    (45)
    days of the Board’s Order,
    the
    Petitioner
    shall execute
    a certificate of acceptance
    and agreement,
    which
    shall
    be sent
    to Mr. James Frost
    of the Agency at the following address:
    Mr. James Frost
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield,
    IL 62794—9276
    This variance shall
    be void
    if Petitioner fails to
    execute and forward
    the certificate within the forty—
    five day period.
    The forty—five day period shall
    be
    held
    in abeyance during any period that this matter
    is
    being appealed.
    The form of said Certification shall
    be as
    follows:
    CERTIFICATION
    I,
    (We),
    IBP,
    Inc.,
    having read the Order
    of the Illinois
    Pollution Control Board,
    in PCB 86—174, dated February 25,
    1988,
    understand and accept the said Order,
    realizing that such
    acceptance renders all terms and conditions thereto binding and
    enforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    86—318

    Section
    41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1985 ch.
    111 1/2 par.
    1041, provides for appeal
    of final
    Orders of the Board within
    35 days.
    the Rules
    of
    the Supreme
    Court of Illinois establish filing requirements.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certif
    that
    the above Opinion and Order was
    adopted
    on the
    _______________
    day of
    _____________,
    1988 by
    a vote
    ~
    Illinois Pollution Control
    Board
    86—3 19

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