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

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