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