ILLINOIS POLLUTION CONTROL BOARD

April 21, 1988

IBP, INC.,

Petitioner,

v.

)

PCB 88—72

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF TEIE BOARD (by 3.D. Dumelle):

This matter comes before the Board upon the April 20, 1988,

Agency recommendation filed by Respondent, Illinois Environmental

Protection Agency (IEPA). On April 14, 1988, Petitioner filed

its Petition For Provisional Variance, seeking provisional

variance from the effluent limitations contained in its current

NPDES permit and from 35 111. Adm. Code 309.141, 309.142 and

309.143.

Petitioner owns and operates a beef slaughter and processing

plant, near Joslin, Rock Island County, Illinois. As part of its

beef processing plant Petitioner owns and operates wastewater

treatment facilities under NPDES Permit No. 1L0003913, which was

issued on February 26, 1985 and subsequently modified on

September 12, 1986.

Respondent, IEPA has found that compliance with 35 Ill. Adm.

Code Sections 309.141, 309.142 and 309.143 and ~PDES Permit No.

IL0003913 would impose an arbitrary or unreasonable hardship on

Petitioner and recommends that Petitioner be granted the

requested provisional variance subject to the conditions set

forth below.

The Board hereby grants Petitioner the requested variance

subject to the conditions set forth below:

1. The variance shall commence on April 18, 1988 and

continue for 45 days or until the Petitioner’s draft

NPDES Permit becomes effective whichever occurs first.

2. During the period of this variance, the effluent

discharged shall be limited to the proposed changes in

the April 1, 1988 draft NPDES Permit as identified

below. All other limitations in the current NPDES

Permit shall be applicable:

38—33 3

---

—2—

Outfall

Active Permit

Draft Permit

001

no chromium limit

concentration limit

of 1.0 n~/l30 day avg.

for chromium

002

no chromiun limit

concentration limit of

1.0 n~/l30 day avg. for

chromium

*001 & 002

Load Limits lbs/day

Load

Limits lbs/day

or 003

30 day avg—

30 day avg—

*Note_.same outfall

BOD5

—

529

724

name change.

TSS

—

630

915

Oil & Grease

—

202

284.5

Chromium

—

no limit

4.5

Amnonia Nitrogen

—

no limit 2700 Daily Max.

3. Petitioner shall sample and perform laboratory analyses

as required in the April 1, 1988 draft NPDES Permit

1L0003913.

4. Petitioner shall operate and maintain the wastewater

treatment facility so as to produce the best effluent

practicable.

5. Within ten (10) days of the date of this Order, the

Petitioner shall execute a Certificate of Acceptance

and Agreement agreeing to be bound by the terms and

conditions of this variance which shall be sent to:

Illinois Environmental Protection Agency

Division of Water Pollution Control

Compliance Assurance Section

2200 Churchill Road, P.O. Box 19276

Springfield, Il 62794—9276

ATTN: Mark T. Books

This variance shall be void if Peitioner fails to

execute and forward the certificate within the ten day

period. The tend 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), IBP, Inc., having read the Order of the Illinois

Pollution Control Board, in PCB 88—72, dated April 21, 1988,

88—334

---

—3—

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.

St.at. 1985 ch. ill 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.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Opinion, and Order was

adopted on the

_______________

day of

~7y~.t

,

1988 by a vote

of

7-0

.

/ L

~.

~

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

88—335