ILLINOIS POLLUTION CONTROL BOARD

August 18, 1977

SPINNEY RUN FARMS CORPORATION,     

)

Petitioner,

)

v.

)

PCB 76—326

ENVIRONMENTAL PROTECTION AGENCY,    

)

Respondent.

HAROLD W. KLINGNER and JOHN M. MUELLER, APPEARED ON BEHALF OF

PETITIONER;

JOHN BERNBOM, APPEARED ON BEHALF OF RESPONDENT.

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

This matter is before the Board on a Petition for Variance

filed December 27, 1976 seeking relief from Chapter 3: Water

Pollution Regulations, Rules 203(a), 403, and 404(f). A hearing

was held on May 19, 1977 in Gurnee, Lake County.

Spinney Run Farms Corporation (Spinney Run) is an independently

owned milk processing plant located in Lake County. Raw milk is

received, then processed and bottled for distribution. Waste. results

from spillages, cleansing of the equipment, processing losses and

the restroom facilities. The wastewater is treated by the extended

aeration process.

This is the latest in a long line of variance and enforcement

actions concerning Spinney Run which have come before the Board.

Spinney Run had been ordered to begin construction of a pretreat-

ment facility in May, 1975 in PCB 74-213 and PCB 74-347, consolidated

enforcement and variance actions. Variance was granted with respect

to .the discharge of pollutants to the Des Plaines River during

construction of the facility. Variance was further granted until

December 31, 1977 in PCB 76-90, wherein we noted Spinney Run’s

recent good faith efforts to abate pollution problems. Petitioner

now seeks relief from the deadlines imposed in conditions C and D

of the PCB 76-90 Order, which limit the interim concentrations of

BOD and suspended solids Petitioner may emit.

26

—

325

Petitioner requests ~h0~ ~e 

300

‘~5Cmq/ standard for BOD

and suspended solids cont~n~e~e”td the original Decer2er 2l~ 1976

deadline to August 

3~ i977

t-c prospective eowp’~tion date for

the pretreatment 

racili~:

T~i~

~ey R-oo claims that toe cotpetion

of

the pretreatment 

faciTh~v ~s

~~ed because of ur~orseeacle

circumstances

not within ts ~    

~dditiona t’ure Tcas required

to

modify and manufac~ure ~n sso~ y desogne~ eonLcrn~ t ~J~27)~

Because of the 

unique na~~ ~ ~c

e~t tall ~pec~i~”

~ri—

cated concrete work)., Lro it~ 

~id

vera rejnctcd, aor’

additional ones 

had to cc

~urtoer,

~ons~ ~‘ctron

ceased during the 43 da7s  bo.~ L:ee~ng terperat’~e~~x~er~ertced

this winter (R~36& ~

At the time of the ~  ~ i~ 

ocnstr’lction o tn~dacility

was near 

completion (R~   

~‘:o arg-:~s- ?rd the B-’ath agrees,

that denial here would 

~iu~e

~onao~1e hathshLp~ c~n~~daring

that this latest detPy v~ 

~

that Peti~ioner~shave

already expended much -‘--ow~i     

oo and :.~ost importantly that

there is negligible er~~ 

~-‘~

on

the Des Platnes River

from 

Petitioner~s treate~

cfr~.

The

Agency

Recomnend~~   

~o~e~n reccesus that an exten-

sion of the limitations tnpos’~n  o c~t~orC of PCB 76~90be

granted only until ~une IC-, ~  

F’

-e~--non a egal conclusion

cori~erning

Sections

3-01 ~rd,5  ± ;he Federa Water Pollution

Control Act ~endment~s or 

-I~J9~

i2-~3J~

~-ith recards to

achieving best practic~l’~cn-’- 

~v:

Evailahle (BPT), and

Section 35 of the Lll!ndos       

.~vozection Act. The Board

~as determin~dit may crap~ v~ar~cc~rrc~. ~inois Regulations

b~e~ondJuly 1, 1977 to~-~~ 

~ —coor-~ancewith Section 35,

qo~sistentwith P~L. 

.94-T,~-~03.

~

~

of this variance then,

~flthrespect to .P.~ 925~~ cr-~ 

~—‘

‘e 

-Jatcr~’inedby the U.S.

~vironmenta1 

Protect~o~r~:

~, -

.o. os 

charaed with the admini~

~ration of that Yaw, ~e.. oy :  g ~   

Environmental

~~~2tionAencv,

PCB 7~

I9~) and CPC_International

~

~$ -~1~9(August 13, 1977,.

Petitioner also~equqsts r~~ 

C

o the deadlines of the more

stringent interim:c6~centEatFo~ n~~ ens of condition D in

~CB 76-90. The beginnLnq~datho~ d~ ~ond limitation, related

directly to the oper~tio~

c-.~ ~

c

~ent facility, will be

~eadjust~d accordingl~. Cnp~et~on

0± -~

necessary element in

Spinney flun’s compl~anc?proq~n ~e North Shore Sanitary Treat-

ment Plant at Gurnee, c4~whIc~ ~ne—. s effluent will be diverted,

is now scheduled~to bei~.~para~-c~ F’~ r:~-978 rather than by

December 31, 1977, ~s w~s~cricir~liTsob ued Uncontrollable delay

~

—3—

again moves 

us to grant variance beyond the 

original compliance

deadline. 

Petitioner shall comply with the 

30 day average 100 and

70 mg/i standard for BOD and suspended 

solids, respectively by

September 1, 1977, These limits shall continue in 

effect 

until

June 

30, 1978 or until 

diversion

to the North Shore 

Sanitary 

Treat-

ment Plant at Gurnee, 

whichever

occurs first.

In

its final argument, the Agency amended its 

recommendation

by requesting that the variance be granted subject to the 

condition

that Petitioner investigate 

methods

of removing 

sludge from the

bottom of the river. The 

Eoard

believes that such a 

condition,

while 

appropriate in 

enforcement proceeding related 

to the

sludge, is inappropriate here.

This Opinion constitutes the Board’s findings of fact 

and

conclusions of law in this matter.

ORDER

It is 

the Order of the Pollution 

Control Board that Spinney

Run Farms 

Corporation be granted variance from Rules 

203(a), 403,

and 404(f) 

of Chapter 3: Water Pollution 

Regulations until

June 30, 

1978 or until diversion to the 

North Shore Sanitary Treat—

tuent 

Plant 

at Gurnee whichever occurs 

first, subject to the follow-

ing conditions:

(a) Continue construction of the pretreatment

facility previously approved by the Agency;

(b) Submit monthly reports to the Agency indi-

cating contaminant levels and the progress

of construction;

Cc)

Limit the 30 day average 

BOD and suspended

solids 

concentration 

to 300 and 150 mg/i

respectively until August 31, 1977;

Cd) Limit the 30 day average 

BOD and suspended

solids concentration to 100 and 

70 mg/i

respectively from September 

1, 1977 until

diversion of all wastewater flows to the

North Shore Sanitary District, 

or until

June 30, 1978 whichever occurs first;

~~~327

—4—

(e) Submit an ~ended bond in the amount of

$1CO,OCO

in a form agreeable to the Agency

to assure full and timely completion of

compliance program’

(f) Execute ~nd forward to the lllinois

Environmental P-~otection gency,

Division of Cater ?c~~ticnControl,

2200 Churchill. Poad Sorv~otiald,

Illinois 627C6~ wthhon. 13 days of

the date of .~s 

Oo3er-

a certificate

of accepta~ a in the following form:

I (We), 

_______

____having read and fully

understanding the Order of the li~’n~s?~1lution Control Board 

PCB 76-326 hereby 

accept saic. Order anä agree to

he bound by all of

the terms and conditions thereof.

Mr. Young abstains.

I, Christan L. Moffett, Clerk cf the :iiinois Pollution Control

Board, ~ereby certify Athe ab9ve Opin~o~’and Order were a~optedon

theJ~day ~         

ll7 by a vote ~

Christan L. Moffe~ Clerk

illi~ojs Poilutio  ntrol Board