ILLINOIS POLLUTION CONTROL BOARD

August 14, 1975

E. W. KNEIP, INC.,

an Indiana Corporation,

Petitioner,

v.

)

PCB 75—171

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Goodman):

On April 24, 1975, E. W. Kneip, Inc. (Kneip) filed a

petition for variance with the Illinois Pollution Control

Board (Board). The Petitioner requested an extension of

variance granted on January 3, 1974 (PCB 73-55 and PCB 73-

174 Consolidated), as later extended to May 3, 1975 (PCB 74-

372), from the requirements of Section 12.of the Illinois

Environmental Protection Act (Act) and Rules 203, 402, 404,

405, 407, 408, and 903 of the Water Pollution Regulations

(Chapter 3). In substance, Kneip requests a variance so

that it can continue to pollute local streams while it works

with the Village of Elburn (Village) to construct and operate

a consolidated treatment system to control the water pollu-

tion problem.

On May 30, 1975, the Illinois Environmental Protection

Agency (Agency) filed its recommendation with the Board

agreeing that Kneip should be granted a variance from the

effluent and water quality standards previously exempted in

the Board Order of January 3, 1974, and that such variance

should extend until September 30, 1975, subject to a number

of conditions designed to control Kneip’s effluent quality

on an interim basis. Kneip subsequently filed a supplement

to the petition on July 15, 1975, in which they updated

their compliance status and agreed with the conditions in

the Agency recommendation.

Kneip owns and operates a red meat slaughtering and

packing plant on 280 acres of land at 404 West Nebraska in

Elburn, Kane County, Illinois. Welch Creek, which is a

waterway that drains into Big Rock Creek, which is tributary

to the Fox River, is located contiguous to the Kneip pro-

perty. Approximately 400,000 gallons of water are used

daily to clean the plant and the carcasses of the approx-

imately 400 cattle slaughtered each day. The waste water,

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after treatment with a

skimmer

and screen, is pumped to a

primary clarifier and then to an irrigation spray field

which is located adjacent to the packing plant.

The present system was found to be defective in that

effluent reached Welch Creek, polluting the waterway. As a

result of the January 3, 1974, Board Order, Kneip agreed to

install

by

September 1,

1975,

a new waste water treatment

system that

would

insure Kneip’s discharges would meet the

standards of the

Act

and

the Water Regulations. By the end

of 1974, Kneip~ finding that the cost of the waste water

treatment system would approximate the book value of the

installation at EJ.hurn, decided th~t if another economically

reasonable

alternative was

not available, they would have to

close the Elburn Packing Plant.

Kneip has since,

at a cost

of $3,000, investigated the

possibility

of discharging

its effluent, after pretreatment,

to a consolidated waste water facility to be

constructed by

the Village. Pursuant to this investigation, Kneip has

signed an agreement with the Village of Elburn indicating

their intent to pursue the construction of the consolidated

treatment plant if

relevant permits and funding could be

obtained.

In addition,

Kneip has entered into a contract

for the construction of a $360,000 pretreatment fac~1ity

which will be operational around March of 1976. It is

Kneip~s

intention to

use the pretreatment plant ahead of

their

present irrigation

system until such time as they are

able

to connect to the

proposed consolidated treatment

plant~.

Kneip has completed a $75,000 program of interim con-

trol measures which, the Agency reports, has successfully

met expectations and reduced the quantity and concentration

of contaminant discharge. The proposed compliance plan has,

as an essential element of ultimate compliance, the con-

nection of the pre-treatment system to the Village of Elburn’s

Sewage Treatment System, Kneip at this time cannot be sure

that the Village will go forward with the upgrading of their

treatment system, but in any event, has elected to go for-

ward with their pretreatment system. The pretreatment

system will be erected at an estimated capital cost of

$400,000 and an estimated annual operating cost of $20,000.

The entire system will cost Kneip $1,186,000 in capital

expenditures, $590,000 of which will be repayable to the

Federal Government over a 20 year term. Denial of this

variance would cause Kneip to either close their packing

plant at Elburn or to commit an amount of money equal to the

book value

of the

installation to the construction of their

own treatment plant. The Board finds that either choice

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would impose an arbitrary and unreasonable hardship upon

Petitioner in light of the alternative compliance plan

proposed by Kneip, using funds borrowed from the Federal

Government.

The Board finds that Kneip has carried its burden of

good faith in pursuance of compliance with the Board’s

regulations. The Board, however, agrees with the Agency’s

recommendation that the variance be conditioned so as to

assure that Kneip continues their good faith effort toward

compliance.

This Opinion constitutes the findings of fact and

conclusions of law of the Board.

ORDER

It is the Order of the Pollution Control Board that

Petitioner is granted a variance from Section 12 of the Act

and Rules 203, 402, 404, 405, 407, 408 and 903 of Chapter 3

from May 4, 1975, until April 1, 1976, subject to the fol-

lowing conditions

a. Petitioner shall implement completion of the pre-

treatment facility according to the following schedule:

Date

Activity

July 1, 1975

Submit preliminary design to Agency.

December 1, 1975

Apply for construction permit.

April 1, 1976

Begin construction.

December 1, 1976

Complete construction.

b. Petitioner shall not increase the strength or

quantity of waste waters discharged.

c. Petitioner shall continue to maintain and increase

operational efficiencies of their waste water system.

a. Petitioner shall make timely submittals of addi-

tional information concerning the Elburn Sewage System

upgrading as such infcrmation becomes available.

e. Petitioner shall take all measures to expedite the

Elburn upgrading program.

f. In the event that the Elburn program is not accom-

plished, Petitioner shall devise and submit an alternative

compliance program by January 1, 1976.

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g. On or before September 30, 1975, Petitioner shall

secure from the Village of Elburn a duly executed written

commitment between the Village and the Petitioner for the

Village to accept the Petitioner’s waste, setting forth all

terms and conditions of said commitment.

h. Petitioner shall, within 28 days after the date of

this Order, execute and forward to the Illinois Environ-

mental Protection Agency, 2200 Churchill Road, Springfield,

Illinois 62706 and to the Pollution Control Board, a certi-

fication of acceptance and agreement to be bound to all

terms and conditions of this variance.

CERTIFICATION

The E. W. Kneip Company, having read and fully under-

standing the Order of the Illinois Pollution Control Board

in PCB 75-171, hereby accepts said Order and agrees to be

bound by all of the terms and conditions thereof.

Signed ____________________________

Title _______________________________

Date _________________________________

Mr. Henss abstained in this decision.

I, Christen L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opini n and Order

were adooted on the

jq11’~

day of

_________,

1975 by a

vote of ~::/~~.o

Christan L. Mo ett, ~)4rk

Illinois Pollution C~A~olBoard

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