ILLINOIS POLLUTION CONTROL BOARD
    June
    9,
    1971
    ALLIED MILLS,
    INC.
    PCB #7l~16
    ENVIRONMENTAL PROTECTION AGENCY
    Mr. Frederick
    C.
    Prillaman,
    for the Environmental Protection Agency
    Mr. Lawrence
    G. Weppler, Chicago,
    for Allied Mills,
    Inc.
    Opinion and Order of the Board
    (by Samuel
    R. Aldrich):
    This opinion is
    in support of an order approved by the Board
    on May
    26,
    1971,
    at the regular Board meeting at Charleston.
    A
    copy of the order is attached to this opinion.
    Allied Mills,
    Inc.
    (uAlliedu) operates
    a soybean processing
    plant in Taylorville,
    Illinois.
    Whole soybeans
    are extracted
    so
    as
    to yield soybean oil
    and soybean meal,
    the
    two basic products
    of
    the operation
    (R.13).
    Process wastes
    are treated first in an
    anaerobic lagoon,
    then
    in an aerobic lagoon.
    The effluent from the
    lagoon contains suspended solids,
    organic BOD and some plant nutrients
    (R.34).
    The effluent is discharged into
    an unnamed tributary
    to the
    South Fork of
    the Sangamon River.
    Rules
    and Regulations SWB-l4
    require that wastes receive advanced treatment prior to release into
    such streams,
    Municipalities
    are to comply with the regulations by
    July 1972.
    Industries are required to meet the effluent criteria
    of SWB~l4in accordance with
    a timetable established by the Pollution
    Control Board subsequent
    to inspection of
    the facilities,
    Allied
    Mills,
    Inc.
    did not have
    a timetable for compliance with
    a BOD
    of
    4 mg/l and suspended solids of
    5 mg/l established by the Board.
    Allied~sexisting lagoon system was installed in 1964 and was
    designed to produce an effluent
    not exceeding 20 mg/I BOD and
    25 mg/I suspended solids.
    Dr. Jeff Dietz,
    consultant
    to Allied
    on environmental problems,
    testified at the hearing that the~e
    figures were
    ~..
    .satisfactory
    to the Regional Office of the
    Sanitary Water Boardu and were
    the accepted standards at that
    time
    (R.l03),
    The Agency did not dispute this contention.
    Results of
    analyses
    of the effluent made by the Department of Public Health
    in 1966 indicated that satisfactory treatment was being accomplished
    (Allied Exhibit
    2).
    I
    657

    From 1966
    to 1968 Allied expanded
    its production,
    apparently
    without enlarging its treatment facilities.
    There
    is
    no doubt that
    this expanded production contributed to A1lied~s recent pollution
    problems.
    A sample of the lagoon effluent taken by the
    Sanitary
    Water Board on November
    13,
    1968, exerted
    a
    HOD of
    500 mg/I (EPA Exhibit 1).
    A witness
    for the Agency testified that effluent samples dating back
    to 1966 showed an average HOD
    of
    274
    mg/i
    (R.135,
    136).
    7\llied’s own
    samples taken in late 1970 exerted
    considerably
    less HOD
    (Allied
    Ex.
    D)
    .
    These samples were described by the Agency as unrepresen-
    tative.
    In any
    event
    the effluent from the lagoon system has evidently
    exceeded design criteria for
    a considerable period
    of
    time.
    A packet of letters from school children
    (EPA Ex.
    3)
    objected
    to granting of the variance.
    A farmer claimed that Allied’s wastes
    exerted harmful effects on his cattle five miles downstream,
    The
    consulting
    engineer,
    after
    an
    on-site
    study,
    concluded
    that
    part
    of
    the
    over1o~ding
    of
    the
    lagoon
    system
    was
    due
    to
    1300
    of
    the
    storm
    runoff
    water
    from
    the
    large
    paved
    area
    around
    the
    plant.
    The
    source
    of
    HOT)
    material
    was
    identified
    as
    dust
    emissions
    from
    soybean
    processing.
    Allied
    filed
    a
    variance
    petiton
    on
    February
    2,
    1971,
    askino
    for
    a
    period
    of
    one
    year
    plus
    additional
    time
    as
    necessary
    to
    cumulate
    the
    construction
    of
    Imroved
    treatment
    facilities
    so
    as
    to
    comply
    with
    S~’7B—l4 effluent
    criteria
    of
    4
    mg/i
    HOD and
    5
    mg,/i
    suspended
    solids.
    Allied
    suecifically
    asked
    for
    t:Lme
    to
    study
    the
    problem
    of
    the
    storm
    runoff
    load
    into
    its
    lagoon
    system
    and
    for
    time
    to
    comalete
    acoulsi—
    Lion
    of
    land
    to
    receive
    the
    storm
    runoff
    water,
    The
    Company
    has
    recently
    installed
    equipment
    to
    reduce
    dust
    emissioni
    and
    thereby
    reduce
    the
    POD
    of
    the
    storrnwater.
    Allied
    had
    planned
    to
    ungrade
    the
    lagoon
    system
    so
    as
    to
    comoly
    with
    P1513—14,
    Their
    petition
    stated
    that
    the
    p±anneo. improvements
    conIc
    reasonaoly
    he
    expected
    to
    oring
    their
    effluent
    into
    comoliance.
    As
    a
    result
    of
    further
    investiga-
    tions
    by
    the
    Company,
    it
    was
    decided
    that
    stormwater
    runoff
    could
    be
    treated
    more
    efficiently
    and
    economically
    through
    land
    disposal
    in
    a
    tyoe
    of
    irrigation
    system.
    Accordingly,
    Allied
    filed
    an
    amended
    petition
    on
    April
    20,
    1971.
    The
    Company
    asked for
    a
    variance
    until
    October
    1,
    1971,
    and additional
    time as
    necessary to complete its
    proposed
    changeover
    to
    land
    disposal
    of
    waste
    water.
    The
    Company
    intends
    to
    install
    a
    disposal
    system
    such
    that
    by
    September
    1,
    1971,
    all
    stormwater
    wastes
    can
    be
    diverted
    from
    the
    lagoon
    system
    to
    the
    land
    area
    (R.43).
    Process
    waste
    water
    would
    he
    temporarily diverted
    to the irrigation field by
    Oc~oher 1,
    1971.
    At that time Allied
    will attempt to recondition the lagoon system
    by
    removing solids
    if
    present
    especially
    from
    the
    aerobic
    lagoon.
    Process
    water
    will
    then
    he
    returned
    to
    the
    lagoons.
    A
    sampling
    program
    will
    then
    be
    initiated
    to
    determine
    the
    possible
    need
    for
    further
    treatment
    in
    order
    to
    meet
    the
    effluent
    requirements
    of
    SWB-14.
    A
    witness
    for
    the
    Agency
    testified
    that
    he
    believed
    the
    Company’s
    proposed
    land
    disposal
    system
    would
    work
    satisfactorily
    (R,127).
    Whether
    the
    system
    will
    work
    or
    not
    is
    not
    at
    issue
    here,
    That
    is
    for
    the
    Agency
    to
    decide
    under
    its
    permit
    procedures.
    I
    658

    Allied testified that when the land
    disposal system is
    in opera-
    tion,
    the Company believes
    it will
    be in full compliance with
    the
    rules and regulations of
    the Board
    (R.43).
    This
    is yet to be demon-
    strated because SWB-l4 will require
    a BOD of
    4 mg/l
    and ~uspended
    solids of
    5 mg/l whereas Allied initially designed the lagoon system
    for
    20 and 25 mg/l respectively.
    Allied does not present quantitative
    data on
    the volume or composition of process waste water entering the
    lagoon system.
    Such data were not available at the
    time of the hearing.
    Automatic
    flow measurement and sampling devices were installed
    in
    March,
    1971,
    and
    this equipment soon will supply useful information
    for future planning.
    The Company will need some time to study the
    HOD and solids
    in its lagoon effluent after
    the stormwater
    is diverted
    and the lagoons are reconditioned.
    Allied’s plans for disposal of its wastes on land is contingent
    upon the acquisition end rezoning of 33 acres of land to the north and
    east of the present property on which the Company obtained
    an option
    April
    27,
    1971.
    Counsel for Allied indicated that the land presently
    zoned as “agricultural’
    will be requested
    to be reclassified
    as
    “industrial”
    (R.7l,
    73).
    He anticipated that the property would be
    rezoned and the purchase completed by June
    30,
    1971
    (R.74).
    It is our
    hope that this opinion and order will expedite the rezoning of the
    property to hasten the
    day when
    land disposal becomes
    a reality and
    the excessive pollution load of the receiving stream will cease.
    An important
    issue raised in this case
    is the
    legal responsi-
    bility of industry with regard
    to meeting
    the
    requirements
    of
    SWB-14.
    Both the Agency and
    the Company assumed that the deadline
    for comp—
    liance of July,
    1972,
    applies
    to industries
    as well as to municipali-
    ties.
    Indeed,
    the Agency bases
    its recommendation that the variance
    he denied on
    the fact that the effluent
    from
    the lagoons greatly
    exceeds the specifications of SWB—14 for
    HOD and
    suspended solids.
    However,
    we
    interpret Rule 1,08,
    paragraph
    15,
    of Rules and Regulations
    SWB-l4
    to mean that industries
    are not required to meet the specified
    effluent standards until
    the Board establishes
    a timetable for com-
    pliance.
    To date neither the Pollution Control Board nor
    its
    predecessor,
    the Sanitary Water
    Board,
    has established such
    a timetable.
    We find,
    therefore,
    as
    in Borden Chemical Company
    v.
    EPA, PCB
    71-23,
    that Allied
    is not now in violation of SWB-l4.
    We anticipate that the
    Agency will soon develop timetables
    for all industries
    as required
    under Section 1.08 of SWB-14.
    We will grant the Company’s request for
    a variance,
    allowing it
    sufficient
    time to complete its planned program for improved waste
    treatment.
    Until October
    1,
    1971,
    the effluent may exceed 20 mg,’l
    HOD and 25 mg/i suspended solids.
    In spite
    of that possibility we
    feel that the excess discharges are not sufficiently objectionable
    to justify closing the plant thus causing 125 persons to
    lose employ-
    ment and depriving the company of income.
    Furthermore
    the period of
    time
    is short.
    659

    The record indicates
    that
    the Company can re~sonab1ybe expected
    to meet
    the July,
    1972, deadline as required of municipalities.
    Allied
    expects
    to have
    its land disposal system in operation by October
    1,
    1971,
    We
    believe that nine months will be sufficient for Allied to
    complete whatever additional
    steps are necessary to achieve full
    compliance with SWB-14.
    We will therefore require Allied to meet
    the
    standards
    for advanced treatment specified
    in SWB-14 by July
    1,
    1972.
    To ensure compliance, we will also require the Company to post
    a
    performance bond.
    I, Regin~a
    E.
    Ryan, Clerk of the Pollution Control Board, certifies
    that
    t~e~
    above
    Opinion
    was
    adopted
    by
    the
    Board
    on
    the
    ~
    day
    of
    /‘i~.’~.
    ,
    1971.
    /
    /
    //
    ~
    _-(_
    ~
    -f
    /
    650

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