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

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