ILLINOIS POLLUTION CONTROL BOARD
May
1,
1981
DUBUQUE PACKING COMPANY,
Petitioner,
v.
)
PCB 81—31
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by J.D.
Durnelle):
Duhuque Packing Company (Duhuque) filed
a petition for
variance on February 27,
1981 requesting variance from Rule
404 of Chapter
3:
Water Pollution as
it relates to suspended
solids
(SS) to allow its usual springtime discharge from several
treatment lagoons.
Because the discharge is to Bock River,
the appropriate section is Rule 404(a) and the petition is
construed as such.
An Illinois Environmental Protection
Agency
(Agency) recommendation to grant the variance subject
to conditions was filed April
2,
1981.
Hearing was waived,
and none was held.
Dubuque owns and operates
a complex beef slaughterhouse
and processing facility located near Joslin,
Illinois.
Part
oF this facility is a wastewater treatment facility which
consists of pretreatment, raw waste pumps, two anaerobic
lagoons,
an aerated lagoon, and three facultative lagoons.
The wastewater treatment facility normally discharges only
during the winter months when algae levels in the facultative
lagoons are low enough that SS limits can be met.
Normally,
they are drained to a depth of two feet and allowed to fill
to a depth of approximately seven feet.
Dubuque alleges that
the dike
is nearing its overflow point of nine to ten feet.
Duhuque alleges that it was unable to discharge this winter
due to high SS levels, predominantly fine algae growth.
Under
normal conditions the SS levels would have dropped to acceptable
levels during the winter months due to a cover of ice and snow
blocking sunlight transmission to the lagoons.
This did not
occur in the relatively mild winter of 1980—81.
The Agency points out that another possible cause of the
SS problem is increased production at the facility.
However,
the precise relationship between production and SS levels
is
not known at this time.
4 1—339
—2—
Dubuque has retained the consulting firm of Wells Engineec~,
Inc.
to evaluate the situation,
but neither Dubuque’s engineers
nor their consultants have found an acceptable method to reduc’
Ss concentrations.
Chemical precipitants have been investigated
but seem not to be feasible,
Straining seems not to have been
studied.
In determining whether the variance requested should
be
granted, the Board must first consider the hardship.
in this
case
a limited amount of such information
is given, but it is
alleged that denial could result in a shut—clown of the entire
facility.
Variance denials,
if adopted, are not shutdown orders.
A source can continue to operate but is not shielded from
possible prosecution.
The possible overtopping of the dike
could
create an unnecessary economic loss.
On the other hand, the environmental impact is alleged to
be
minimal due to the high dilution provided by the Rock River and
its already high SS levels
(measured as high as 215 mg/i on
August 30,
1979 and averaging over 70 mg/i from October of 1978
to October of 1979).
The Board agrees.
(expand).
Therefore,
the Board
finds that denial of the variance would.
cause an arbitrary or unreasonable hardship, and that the
variance should be granted for the requested ninety days,
subject
to conditions which should help to minimize or eliminate future
difficulties.
This Opinion constitutes the Board~sfindings of fact
and
conclusions of law
in this matter.
ORDER
Dubuque is hereby granted a variance from Rule 404(a)
of
Chapter 3:
Water Pollution, until July 29,
1981,
subject to
the
following conditions:
1.
Dubuqu&s discharge
shall not exceed a concentration o~
45 mg/i
SS during the period of this variance.
2.
Dubuque shall submit to the Agency a study regarding
its SS problem within
90 days of the Board~sOrder,
This study shall include, at a minimum,
information
regarding the relationship between increased productic~n
and increased SS levels,
likelihood and type of
weather conditions
that could cause future violations,
methods for achieving compliance,
and the time schedule’
for implementing these methods,
Based upon this
information,
if Dubuque or the Agency feels that
additional treatment methods are necessary,
these
methods shall
be implemented prior to any future
discharges that will violate the
SS limitation,
and in
no event later than January
1,
1983.
41—340
—3—
3.
Within 45 days of the adoption of this Order, Dubuqu~
Packing Company shall
execute and forward to the Illinois
Environmental Protection Agency,
2200 Churchill
Road,
Springfield,
Illinois
62706 a Certification
of Acceptance and Agreement to be bound to all
terms and conditions of this Order.
The 45 day period
shall be held in abeyance during any period this
matter is being appealed.
The form of said certification
shall be as follows:
CERTIFICATION
I
(We), _________________________ having read and
fully understanding the Order of the Illinois Pollution Control
Board in PCB 81-31 hereby accept said Order and agree to be
bound by all
of the terms and conditions thereof.
SIGNED _______________________
TITLE
_________________
____
DATE
_________________
_________
IT IS SO ORDERED.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify that the above Opinion and Order
was adopt~don the
I
~
day of
(~
•~
,
,
1981 by a
vote of
L~
(:)
.
11~~j~T
// ~
Christan L. Moff~t,Hclerk
Illinois Pollution &ntrol
Board
41—341