ILLINOIS POLLUTION CONTROL BOARD
April
27,
1989
MIDWEST GRAIN PRODUCTS OF
)
ILLINOIS,
)
(T~ZEWELLCOUNTY),
)
Petitioner,
v.
)
PCB 89—73
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by J. Marlin):
This matter comes before the Board upon
a recommendation
filed by the Illinois Environmental Protection Agency (“Agency”)
on April 25,
1989,
recommending that the Board grant
a 45—day
provisional variance
to Midwest Grain Products of Illinois
(~Midwest”). Midwest requests this provisional variance from 35
Ill. Adm. Code 304.120(b)
as
it pertains
to five day biochemical
oxygen demand
(“BOD”)
and total suspended solids *“TSS”)
in order
to repair
a liner
in one of
its aeration basins.
As
a producer
of wheat gluten,
beverage alcohol, fuel grade
alcohol, liquified carbon dioxide and animal
feeds, Midwest
employs approximately 150 people.
According to the Agency,
Sanitary wastewater
from Midwest’s
facility
is discharged to the City
of Pekin for treatment.
Process wastewater
is generated primarily from the distilling and
feed operations.
Wastewater
from the gluten process, which
contains starch,
is used
in the distilling process.
Process
wastewater, consisting
of evaporator condensate, pump seal water,
wash water
and other miscellaneous streams,
is treated
in the
company’s wastewater treatment plant.
The Agency states that Midwest’s process wastewaters are
treated using an activated sludge plant, which
is designed
to
handle a flow of 0.5 MDG and 5000 pounds BOD per day.
Anhydrous
ammonia and phosphoric acid are added
for nutrients.
Wastewater
is pumped, measured and split between
two aeration basins.
The
aeration basins are earthen structures with hypalon liners.
One
basin has a volume of 0.5 MG and the other
1.0 MG.
Aeration and
mixing
is accomplished using floating mechanical aerators.
There
are two rectangular clarifiers equipped with travelling bridge
98—299
—2—
suction draw—off sludge collectors.
Chlorine
is added
to the
clarified effluent for disinfection.
Midwest seeks variance from the NPDES Permit concentration
limit for Outfall 001, which
is the combined treatment plant
effluent and barometric cooling water discharge.
This variance
is being sought by Midwest because the hypalon liner
in the
larger of the two aeration tanks has developed
a large
tear and
is floating
in the aeration tank.
Midwest
is going to drain this
tank and line the entire aeration tank with concrete.
The Agency states that denial of this variance would
result
in an arbitrary and unreasonable hardship.
According to the
Agency,
no other viable alternative, short
of shutting the entire
operation down for
45 days,
appears possible to allow Midwest
to
make the necessary repairs on the aeration tank.
Continuing to
operate
the aeration tank in
its current condition will result
in
additional damage requiring the down time to be extended.
The Agency maintains that
it
is not aware of any federal
regulations which would preclude the granting
of this variance
for concentration limitations.
The load
(quantity) limitations
provided
in Midwest’s NPDES permit are based upon federal
regulations and cannot be increased.
However,
the Agency states
that
it was informed
in
a phone conversation with David Sanborn
from Midwest Grain Products on April
18,
1989,
that
a variance
from the load limitations
is not being requested nor
is it
needed.
Mr. Sanborn stated that
the load limitations
in the
NPDES permit should not be exceeded while repairs are being made.
The Agency states that
it does not believe that there will
be any adverse
impacts on any downstream public water supplies
because of the dilution factor
of Midwest’s discharge into the
Illinois River
(petition states
the concentration in
the river
will increase only 0.24 mg/i
for BOD and 0.12 mg/i for TSS).
Moreover, Midwest predicts the quantity limitations of its NPDES
permit will not be exceeded.
The Agency recommends that Midwest
be granted
a provisional variance, subject
to certain conditions.
The Board having received notification from the Agency that
compliance on
a short term basis with the effluent limitations
impose by
35 Ill.
Adm.
Code 304.120(b)
(as
it relates
to BOD and
TSS) would impose an arbitrary
or unreasonable hardship upon
Midwest,
and the Board concurring
in that notification, will
grant Midwest’s provisional variance,
subject
to conditions
suggested by the Agency.
This Opinion constitutes
the Board’s findings of fact an
conclusions
of law
in this matter.
98—300
—3—
ORDER
1.
Midwest Grain Products
of Illinois
(“Midwest”)
is hereby
granted provisional variance from 35
Ill. Mm. Code
304.120(b),
as
it relates to BOD and TSS, subject to the
following conditions:
a.
Variance shall commence on
the day the aeration tank
is
taken out of service and shall terminate when the
aeration tank returns
to its normal mode
of operation or
within forty—five day (45)
days,
whichever occurs first.
b.
During the term of this variance, the effluent (combined
flow from 001
to 002)
shall be
limited
to:
Parameter
Monthly Avg
Daily Max
BOD mg/i
150
300
TSS mg/i
75
150
c.
The quantity (load)
limitations provided
in Midwest’s
NPDES permit shall
remain unchanged and remain in
effect.
d.
Midwest shall notify the Agency’s Peoria Regional Office
by telephone within twenty—four
(24) hours when the
aeration tank
is returned to
its normal mode of
operation.
Written confirmation shall
be submitted
within
5 days to the following address:
Illinois Environmental Protection kgency
Division of Water Pollution Control
Compliance Assurance Section
2200 Churchill Road
P.
0.
Box 19276
Springfield,
IL
62794—9276
Attention:
Erin Rednour
e.
During the term of this provisional variance, Midwest
shall operate its wastewater treatment facility so as
to
produce the best effluent practicable.
Additionally,
Midwest shall return
its aeration tank into service
as
soon as possible.
f.
During this provisional variance, Midwest shall monitor
the effluent for all parameters
as listed
in
its NPDES
permit.
2.
Midwest shall,
within ten
(10) days of the date
of the Order,
execute
a Certificate of Acceptance and Agreement agreeing
to
98—30 1
—4—
be bound
to all the terms and conditions of the variance and
send to the address above.
This variance shall
be void
if Petitioner
fails
to execute
and forward the certificate within 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), Midwest Grain Products of Illinois, having
read
the
Order of the Illinois Pollution Control Board,
in PCB 89—73,
dated April
27,
1989, 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
Section 41
of the Environmental Protection
Act,
Ill. Rev.
Stat.
1987 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.
98—302
—5—
I, Dorothy
M. Gunn,
Clerk of
the Illinois Pollution Control
Board,
hereby certify that the above Opinion and Order was
a~o~t~
on the ~7~day
of
~Zi~v~L~
,
1989, by
a vote
of
—0
Dorothy M./q’unn, Clerk
Illinois ~tlution
Control Board
98—303