ILLINOIS POLLUTION CONTROL BOARD

April 5, 1984

i:!IDWEST SOLVENTS COMPANY OF ILLINOIS, )

)

Petitioner,

)

v.

)

PCB 84—5

)

ILLINOIS ENVIRONMENTAL PROTECTION   

)

AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD (by B. Forcade):

This variance request was filed by Midwest Solvents Company

of Illinois (“Midwest”) on January 9, 1984, seeking relief from

35 Ill. Mm. Code 304.120(b) as it relates to BOD and TSS effluent

limitations. On February 10, 1984, the Agency filed a recoin—

mendation to grant the variance. No hearing was held.

Midwest owns and operates a distillery plant in Pekin,

Illinois. The plant produces alcohol for beverage and nonbeverage

uses, operates a feed mill, and a bottling operation.

A variance is requested for the period from December 29,

1983 to June 30, 1984, to allow Midwest to complete an expansion

of the existing aeration basins which began on November 14, 1983.

Midwest determined that the best option for expansion was

modification of the existing basins by making the basins deeper.

In order to accomplish this, the basins must be taken out of

service during the period of construction. For the first basin

expansion, the existing aeration basin No. 1 is to be out of

service by discharging its contents to existing aeration 

basins

Nos. 2 and 3 and discharging all process wastewater to aeration

basins Nos. 2 and 

until construction is completed. Upon com-

pletion of construction for new aeration basin No. 1, aeration

basins Nos. 2 and 3 will discharge their contents to new aeration

basin No. 1 and all process wastewater will be discharged to new

aeration basin No. 1 until construction is completed for the

second basin. Midwest initially estimated that the construction

would take 8 weeks (Pet, Br. p. 4).

On November 4, 1983, Midwest was granted a provisional

variance to complete the expansion (PCB 83—159), which expired

December 29, 1983 (45 days after construction began).

Adverse weather conditions interfered with work progress and

by December 19, 1983, only 14 days of construction had been

completed. On December 12, 1983, Midwest requested an extension

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2

of the provisional variance. On December 28, 1983, the Agency

responded to Midwest by recommending that they file a standard

variance request with the Board (Pet. Br, p. 6).

The provisional variance allowed Midwest the following

effluent limitations:

30 day       

Daily

Maximum

BOD

50 mg/l      

100 mg/i

TSS

50 mg/i      

100 mg/i

The Agency has determined that allowing an average discharge

of up to 50 mg/i BOO will have no measurable environmental impact

during the period of the variance. This determination is based

on the highest volume previously discharged (3.1 MGD or 4.8 cfs)

being only 0.08 of the lowest river flow recorded (5870 cfs) at

the Route 9 bridge at Pekin during Water Year 1981. Any attempt

to measure the impact of the discharge using presently accepted

methodologies would be inconclusive since the level of impact

would fall into the level of accepted error. Also, since the

flow is so small in proportion to the river flow, other sources

may have a considerably larger impact. Additionally, the DMR’s

submitted by the Petitioner for Outfall 001 during the past year

indicate there have been no BOO and TSS effluent excursions other

than those experienced during the time that PCB 83—159 was in

effect. Petitioner’s facility is in the category of organic

chemical manufacturing for which there are no final federal

regulations. Therefore, there are no federal regulations that

would prohibit the Board from granting the requested relief.

This variance will be granted retroactive to December 31,

1983, for several reasons. The Board agrees that Midwest has

been diligent in seeking relief on a tir~elybasis, and that the

lapse of the variance was at least partially a function of 

the

procedural confusion surrounding the possible extension of the

provisional variance.

Denial of this variance request would impose an arbitrary

and unreasonable hardship for the following reasons:

1.  Until the construction work is completed, Petitioner

cannot meet its NPDES permit BOD and TSS effluent limitations 

due

to decreased aeration basin capacity.

2.  Construction of a temporary storage basin to store the

raw wastewater during the construction period would take longer

than the time required to complete the present aeration basin

expansion construction.

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-3

Ceasing operation 

the

distillery 

would effect

not

only Petitioner, but also approximately 100 employees who would

be ‘laid off, and area farmers who sell their grain to the dis-

tillery as a raw material.

Midwest has requested a variance from Section 309.120(b)

which the Agency has recommended granting. However, based on

information in the record, it appears that Midwest is subject to

Section 304.120(a), not (b). Accordingly, the Board will grant a

variance from section (a), not (b). If this is not the case

either party may iaove to modify today’s Order. The Board will

impose as a condition of this variance effluent limitations

identical to thone of the provisional variance. Midwest and the

agency have agreed on these limitations.

This Opinion constitutes findings of facts and conclusions

of law in this matter.

ORDER

Midwest Solvents Company of Illinois is hereby granted a

variance from 35 Iii. Adm. Code 304.120(a) subject to conditions

as follows:

1.  The variance period is retroactive to December 31,

1983.

2.  The variance will expire on June 30, 1984, or at

the time the construction is completed, whichever

OCCUr:3

first,

3.  The sampling frequency and type shall continue as

specified in Petitioner’s last NPDES permit.

4.

Midwest shall continue expansion work to ‘the

existing aeration basins so as to restore all

aeration basins to operating status as expedi-

tiously as possible.

5.  During the period of this variance, Midwest

shall operate and maintain its treatment facility

so as to obtain the best quality of effluent pos-

sible. During the term of this variance the

following effluent limitations shall apply:

30 day

Daily

Average

Maximum

BOD

50 mg/i

100 mg/i

TSS

50 mg/i

100 mg/i

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4

6.  Within 45 days of the date of this Order, Midwest

shall execute a Certification of Acceptance and

Agreement to be bound to all terms and conditions

of this variance. Said Certification shall be

submitted to the Agency at 2200 Churchill Road,

Springfield, Illinois 62706. The 45—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) 

—__________________

____________,

hereby accept

and agree to be bound by all terms and conditions of the Order

of the Pollution Control Board in PCB 84-5, April 5, 1984.

Petitioner

Authorized Agent

Title

Date

IT IS SO ORDERED,

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

Control Board, hereb certify that t e above Opinion and Order

wa~doptedon the

____

day of

1984

by a vote of

Illinois Poliut      

Board

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