ILLINOIS POLLUTION CONTROL BOARD
    February 14, 1975
    E.W. KNEIP, INC.,
    Petitioner,
    v.
    )
    PCB 74—372
    ENVIRONMENTAL PROTECTION AGENCY,)
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Dr. Odell)
    On October 16, 1974, E.W. Kneip, Inc. (Kneip) filed its
    Petition for Variance with the Pollution Control Board (Board).
    An Amended Petition was filed with the Board on December 30,
    1974. In this Petition Kneip requested a variance until May
    3,
    1975, from Section 12 of the Environmental Protection Act (Act)
    and from Rules 203, 402, 404, 405, 407, 408, and 903 of the
    Water Pollution Regulations (Chapter Three). On December 30,
    1974, the Petitioner filed a Motion For An Expedited Decision
    On Amended Petition For Variance Extension. In our Interim
    Order of January 9, 1975, we granted Petitioner’s Motion con-
    tingent upon receipt of necessary data in the forthcoming
    Recommendation of the Environmental Protection Agency (Agency).
    The Agency filed its Recommendation on January 27, 1975.
    Kneip owns and operates a red meat slaughtering and
    packing plant at 404 West Nebraska in Elburn, Kane County,
    Illinois. Process wastewaters are treated in an on—site treat-
    ment facility. Primary clarification precedes wastewater dis-
    charge to a spray irrigation system. Surface runoff and drain
    tile discharges resulting from the operation of the spray irri-
    gation system flow into Welch Creek, a tributary of Big Rock
    Creek, and ultimately to the Fox River.
    On January 3, 1974, the Board adopted an Opinion and
    Order relating to Kneip’s facility. See Environmental Protection
    Agency v. Peter Eckrich and Sons, Inc., an Indiana corporation
    qualified to do business in Illinois; and E.W. Kneip, Inc., an
    Illinois corporation PCB 73-55 and PCB 73-174; 10 PCB 505
    (January 3, 1974). In that case we ordered the Petitioner to
    undertake a compliance program which provided for interim
    measures as well as a long-range program. Petitioner was given
    until January 3, 1975, to complete its total program of com-
    pliance.
    15
    499

    Because of soaring cost estimates for its long-range
    compliance plan, Kneip has been forced to abandon the waste-
    water treatment system proposed by its engineers and accepted
    by the Board in its January 3, 1974, Order. This business
    decision was made approximately December 1, 1974. Kneip has
    already spent $75,000 on its interim program. Since initial
    consideration of the long-term compliance program, Petitioner
    alleges that the costs of the program have increased as follows:
    Estimated Costs
    Date of Estimate Capital Expenditure Yearly Maintenance
    Required
    Costs
    July, 1973
    $340,000
    $50,000
    December, 1973
    $450,000
    $50,000
    September, 1974
    $750,000
    $100,000
    December, 1974
    $1,100,000
    $100,000
    Petitioner alleges that the latest cost estimate almost
    equals the book value and far exceeds the market value of its
    facility. Petitioner contends that unless an economically
    reasonable alternative disposal method can be found, the plant
    will be closed.
    Petitioner is presently discussing with the Village of
    Elburn the feasibility of discharging its wastewater into a
    treatment facility to be constructed by the Village. Kneip is
    now paying Village engineers $2,000 to $3,000 to conduct a
    study and prepare a system that could be jointly constructed
    and operated by Kneip and the Village of Elburn. This study
    will be completed by April 1, 1975. If theengineers con-
    clude that the joint program is not technically practicable or
    economically reasonable, Kneip will end its operations when the
    interim variance would expire on May 3, 1975. If a program
    agreeable to Kneip is found, Kneip will file a further Petition
    for Variance and a modified compliance program with the Board.
    The Agency recommended that the variance be granted.
    The Agency cites the $75,000 already spent on the interim pro-
    gram and the reduced quantity and concentration of contaminants
    now being discharged. The Agency made an inspection on November
    13, 1974, with the following sample results:
    15 —500

    —3—
    Estimated Flow
    BOD
    SS
    Fecal Coliform
    GPM
    mg/l
    mg/l
    _____________
    Tile 1 75
    16
    25
    3,500
    Tile 2 75
    17
    21
    4,300
    Tile 3 5
    27
    15
    7,000
    Tile 4 7
    32
    8
    18,000
    Tile 5 5
    37
    7
    17,000
    Tile6 0
    Tile 7 50
    30
    17
    6,100
    In view of the fact that BOD concentrations in excess
    of 100 mg/i and Fecal Coliform concentrations in excess of
    1,000,000 per 100 ml were not uncommon previously, the above
    concentrations, though still excessive, represent a substantial
    improvement.
    We agree that the variance should be granted. Petitioner
    has expended substantial sums and made good faith efforts to-
    wards compliance. Marked improvement has been achieved in the
    discharge concentrations. Finally, we do not favor the closing
    of plant operations before all viable solutions to the control
    of illegal discharges can be investigated. Based on the facts and
    circumstances of this case, it would be an unreasonable hardship
    to deny the short variance requested here.
    This Opinion constitutes the fin~dingsof fact and con-
    clusions of law of the Board.
    ORDER
    IT IS THE ORDER of the Pollution Control Board that:
    1. Petitioner is granted a Variance from Section 12
    of the Act and Rules 203, 402, 404, 405, 407, 408, and 903 of
    Chapter Three from January 3 until May 3, 1975, so that alterna-
    tive methods of compliance with the Act and Chapter Three can be
    investigated.
    2. Petitioner shall limit the quantity and concentrations
    of its discharges as much as practicable.
    Mr. HenSs abstained.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certi~fythat the above Opinion and Order was adopted
    on the j~day ~
    1975, by a vote of
    to
    0
    Christan L. M tt
    15— 501

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