ILLINOIS POLLUTION CONTROL BOARD
    March 28, 1972
    KRAFT FOODS DIVISION OF
    KRAFTCO CORPORATION
    V.
    )
    PCB 71—388
    ENVIRONMENTAL PROTECTION AGENCY
    Richard M. Keck, Attorney for Kraft Foods Division
    Thcmas J. Immel, Attorney for the Environmental Protection Agency
    Opinion and Order of the Board (by Mr. Aldrich):
    Kraft Foods Division (~Kraft”) of Kraftco Corporation requests a
    variance from the sewer ban of the Agency (November 20, 1970) and
    from Paragraph 6 of the Order of this Board in PCB 71-8, City of
    Mattoon
    V.
    EPA, (April 14, 1971) to attach its waste discharge to
    the Nattoon municipal sewer.
    In October 1969, Kraft reached agreement with the City of Mattoon to
    locate and construct a food processing plant. The City assured Kraft
    that its sewage treatment facilities were being upgraded and would
    be capable of accepting 200,000 gallons per day of plant effluent of
    normal domestic strength. Petitioner let the contract June 24, 1970,
    and construction commenced September 1970, with expected completion by
    March 15, 1972.
    Petitioner’s waste discharges consist mainly of edible food products
    including BOD material, suspended solids and grease. Petitioner has
    expended approximately $1,000,000 for pretreatment installations in
    order to bring the BOD and suspended solids down to levels that are
    acceptable to the City for discharge into the municipal sewer system.
    Production of the plant is to be initiated stepwise with 140,000 gallons
    flow per day planned for 1972—73, 160,000 gallons per day in 1974-75,
    and 200,000 gallons at some future date. In addition tothe materials
    already listed, there will be small amounts of caustic, acids and
    detergents discharged intermittently in connection with cleaning
    operations, but no strong chemicals, toxic solutions or heavy metals
    will be used.
    Prior to the hearing, Kraft and the Agency entered into a stipulation
    detailing among other items the nature and amount of proposed discharge,
    the dates of permits, the general design and expected completion dates
    of pretreatment facilities, the size and location of a retention basin,
    the status of the sewaqe treatment facilities of the City of Mattoon,
    and the condition
    of
    t~:ereceiving stream, Eickapoo Creek.

    The City as of February 8, 1972, has raised its capacity for primary
    and secondary treatment from 3,2 mgd when the sewer ban was
    imposed up to 4.4 mgd. An additional 4 mgd can receive primary treat-
    merit, Numerous other improvements have been completed. The City is
    thus prepared to handle all dry weather flow including the proposed
    discharge from Kraft in compliance with present recuirements of
    20 mg/l BOD and 25 mq/l suspended solids. Prior to March 7, 1972,
    the City was behind schedule in meeting the interim planning and
    construction dates needed to meet the final compliance date of July 1,
    1972, for 4 BOD and 5 suspended soLids in its effluent and for
    disinfection of all its effluent as required in SWB—l4. On ‘~arch7,
    1972, however, the Board in adopting Water Quality Standards, R 71—14,
    postponed until December 31, 1973, the date for meeting the 4 BOD and
    5 SS standards. Kraft discharges will not cause the City effluent to
    exceed present standards of 20 mg/i POD and 25 mq/l SS under normal
    flow conditions.
    In order not to add to the volume of storm water that bypasses the
    sewage treatment plant following heavy rainfall, Respondent has installed
    an aerated retention basin of 600,000 gallons (See POP 71-218, Mars
    Development Company of Illinois, Inc.) capable of holding 5 days of
    processing water for the 1972-73 schedule and 3 1/2 c~ayswhen operations
    are increased to the maximum design (200,000 gallons per day)
    .
    Additional
    temporary retention capacity can be quickly constructed if needed in
    an emergency. The retention basin will discharge into the sewer system
    only after
    by-passing
    of storm water has ceased and the city agrees that
    the treatment plant can accommodate it.
    The League of Women Voters asks us to ‘order Kraft to undertake a study
    of the feasibility of recycling its waste on the land.’ We support the
    principle of recycling and would welcorre a response by Kraft to the
    suggestion of the League but are unwilling to order Kraft to undertake
    such a study when they have alread.y developed a plan that is acceptable
    to both the Agency and to the City of Mattoon,
    The Agency recommends that, in case the variance is granted, we set a
    limit of 140,000
    gallons and 350
    pounds BOD per day. Petitioner’s response
    to this is that the limitation should be 200,000 gallons and 500 pounds
    BOD per day inasmuch as those are the
    intended
    future discharges from
    the plant. In the hearing, Petitioner stated categorically that “the
    appropriate limit would be 350 pounds,” (B. 40). That is acceptable to
    us. The statutory limit on variances is one year, thus it will impose
    no hardship on Kraft to limit the discharge to 350 pounds per day during
    the first year of operation. We find no reason to set a limit on the
    quantity of water to be discharqed since the City can handle the
    anticipated flow in dry weather and since the flow will be retained
    when the sewer is full because of storm runoff.
    We are convinced that Petitioner acted in good faith in orginally relying
    on the statement from the City that its sewage treatment facilities
    would be upgraded and in compliance with standards prior to the completion
    4—
    114

    of the construction of Petitioner’s plant. We feel that Petitioner has
    in addition taken all steps that could reasonably be expected in order
    to minimize the impact of its discharges. We do not feel that Eraft,
    the community~ and prospective employees should be unnecessarily penal-
    ized because of failure of the City to meet its schedule for compliance
    with the then applicable standards, To deny the petition would result
    in
    the
    Kraft plant standing idle with a consequent loss
    of 140 jobs
    in the first year with a payroll of approximately $1,000,000. As a
    result of pretreatment of its wastes by Kraft, retention in case of
    storm runoff, and improvements made by the City in its sewage treat-
    ment, the effect on the receiving stream from granting the variance
    appears to be slight.
    The Revised Recommendation of the Agency is that the variance be granted
    subject to certain limitations. We concur and hereby grant the request
    for a variance as specified in the
    Order.
    ORDER
    1. Kraft
    Food Division of Kraftco Corporation is hereby granted a
    variance until March 28, 1973, from the sewer ban imposed
    in POP
    71-8, City of Mattoon v. EPA, in order to attach its food processing
    plant to the Mattoon municipal sewer.
    2. Superintendents and operators
    of Kraft’s waste pretreatment
    facility
    shall be certified under
    Illinois Environmental Protection Agency
    Rules and Regulations for certification
    of operators:
    3. Eraft shall provide facilities
    for the temporary retention
    of all
    treated process waste water on
    its property, such facilities to
    include a retention basin designed for
    3
    1/2 days detention
    of
    waste.
    4. The retention basin shall be equipped with aeration devices to
    reduce the possibility
    of odor during periods of storage.
    5. Kraft shall install a rain gauge that will permit a determination
    of when the discharge of wastes from its aerated storage basin
    should be stopped in order to prevent overloading the interceptor
    sewer of the City of Mattoon.
    6. Kraft shall not begin operation of the plant until its pretreatment
    facilities
    are completed.
    7. During the period from start up to March 28, 1973, Kraft shall limit
    its discharges to no more than 350 pounds BOD per day.
    4— 115

    8. Kraft shall close the valve at the aerated storage basin whenever
    storm water is being bypassed or in case of temporary upsets at
    the City plant. The valve shall not be opened until the City
    informs Petitioner that bypassing has ceased and the city sewage
    treatment plant can accommodate the additional load.
    I, Christan L. Moffett, Clerk of the Pollution Control Board, certify
    that the Board adopted the above opinion and order this 28th day of
    March, 1972, by a vote of 5—0.
    4— 116

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