ILLINOIS POLLUTION CONTROL BOARD
    May 22, 1975
    KITCHENS OF SARA LEE,
    Petitioner,
    v.
    )
    PCB 75-40
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Dunielle):
    Petitioner, Kitchens of Sara Lee
    (hereinafter “Sara Lee”)
    filed
    a petition for variance on January 27, 1975.
    On February
    6,
    1975,
    we held the petition to be inadequate and ordered sara Lee
    to amend the petition and provide additional information ~
    ~.thin
    45 days.
    On March 25,
    1975,
    the Environmental Protection
    Agency filed a Motion to Dismiss the
    petition because Sara
    Lee had failed to comply with the Board order.
    On the
    following day, March 26,
    1975,
    the amended petition was
    filed with the Board.
    In an answer to the Agency’s Motion
    to Dismiss,
    filed on April
    2,
    1975,
    Sara Lee explained that
    notification of the Board Order for additional information
    was not received until February 24,
    1975.
    The additional
    information was submitted to the Board
    28 days after receiving
    notification.
    The Agency filed its recommendation to grant
    the requested variance on April
    16,
    1975.
    We conclude that
    such
    a recommendation indicates an intent to waive the
    motion to dismiss.
    In light of this and the delay in notification
    of Sara Lee of the Board Order seeking additional information,
    we accept the petition as adequate and consider it on its
    merits.
    Sara Lee owns and operates a manufacturing facility in
    Deerfield,
    Lake County,
    Illinois, engaged in the production
    of frozen bakery goods.
    The plant employs approximately
    1,400 employees.
    Variance is sought to allow the connection
    of
    a wastewater source to the sanitary sewer system of the
    Village of Deerfield.
    We interpret the petition as requesting
    a variance from Rule 962 of Chapter
    3: Water Pollution
    Regulations of Illinois.
    In the alternative,
    Sara Lee
    requests a variance from the applicable effluent and water
    quality standards of Chapter 3 to allow the continued discharge
    of wastewater to
    a storm sewer system which discharges into
    the west fork of the north branch of the Chicago River.
    17
    133

    —2
    The plant utilizes four Zeolite water softners in order
    to remove certain objectional mineral constituents from
    certain process waters.
    Approximately 2,500 pounds of salt
    is used daily to recondition the zeolite filters.
    The
    backwash and rinse waters and spent brine, amounting to
    approximately 24,000 gallons per day, are presently discharged
    to a pit in the floor of the room in which the softeners
    are located.
    The floor pit discharges into
    a drainage
    system which collects stormwater from the plant’s yard and
    roof drains.
    The drainage from the pit and the stormwater
    then enters
    a detention basin which empties into a 36—inch
    storm sewer which flows in a westerly direction and eventually
    empties
    into the west fork of the north branch of the Chicago
    River.
    Sara Lee seeks this variance because it was denied
    an Agency permit to connect wastwater source to the Deerfield
    sanitary sewer system.
    The Deerfield sewage treatment plant has a design
    average
    flow of
    2.5 mgd.
    Effluent is discharged
    to the west
    fork of the north branch of the Chicago River, having a 7-
    day one—in-ten—year low—flow of zero.
    The average flow at
    the plant from October, 1973 to November,
    1974 was 2.56 mgd.
    This flow does not reflect the bypass flowing discharging at
    two points in the sewage system.
    An influent bypass system
    discharges untreated sewage into the west fork of the north
    branch of the Chicago River.
    Untreated sewage is also
    bypassed into the middle fork of the north branch of the
    Chicago River.
    The Agency estimates that each bypass occurs
    on an average of six times per month.
    Opei~atingreport
    submitted by Sara Lee to the Agency indicate the following
    average contaminant concentrations:
    BOD
    SS
    February,
    1975
    19
    9
    January,
    1975
    32
    16
    December,
    1974
    18
    13
    November,
    1974
    16
    (no samples)
    October,
    1974
    19
    September,
    1974
    26
    July,
    1974
    26
    June,
    1974
    15
    17
    134

    —3—
    On March 17,
    1975,
    the Agency issued a consti~~ion
    permit to Deerfield which contemplated an 18 month,
    $6
    million expansion program to provide treatment for 3 mg~
    plus additional excess flow treatment.
    The Agency expe~
    to certify Deerfield’s Step
    3 grant request by no later
    June
    1,
    1975.
    Thus,
    the expansion program
    is expected
    tc
    be completed by December of 1976.
    Although Sara Lee does not provide any data as to tb
    cost or feasibility or installing its own treatment system,
    the Agency admits that the construction of an extremely
    small single—purpose treatment plant in the service area of
    a sewage treatment system is not cost effective and contrary
    to the overall Agency support for regional wastewater treatment.
    The Agency thus maintains the connection to the Deerfield
    sanitary sewer system is the only viable alternative,
    as
    opposed to continued discharge into the storm system.
    Although we do not normally allow additional connections to
    overloaded treatment systems, we agree with the Agency that
    the presently requested connection will result in overall
    environmental enhancement.
    It
    is likely that the water
    softener wastes will have a lesser impact on the receiving
    stream if mixed with the municipal wastewater rather than
    periodically discharged directly to the stream.
    The wastes
    would represent little or no additional biological load on
    the plant, and would result in only a little more than one
    percent increase in the hydraulic load.
    In light of these
    factors we consider that it would be an arbitrary and unreasonabl
    hardship on the petitioner to deny this variance.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    Variance from Rule 962 of Chapter
    3:
    Water Pollution
    Regulations of Illinois is hereby granted to allow petitioner,
    Kitchens of Sara Lee,
    to connect its Zeolite water softener
    backwash to the Village of Deerfield sanitary sewer system.
    IT IS SO ORDERED.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~3ycertify the above Opinion and Order were
    adopted on the~)A?__dayof May,
    1975 by a vote of
    O
    C~tan~o’f~’fl,
    thW
    Illinois Pollution C
    rol Board
    17
    135

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