ILLINOIS POLLUTION CONTROL

BOARD

August 12,

1976

BIRD

& SON,

INC.,

)

Petitioner,

v.

)

PCB 76—116

)

ENVIRONMENTAL PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD

(by Mr.

Zeitlin):

The Board’s principal Opinion and Order in this matter was

entered on July 8,

1976, granting Petitioner Bird

& Son a two-year

Variance from Rule 702(a) of Chapter

3:

Water Pollution, subject to

certain conditions.

In a Motion for Modification of Order filed

August 2,

1976,

Petitioner seeks relief from one of those conditions:

d.

Should any technologically feasible and economically

reasonable method for the removal of mercury from

Petitioner’s effluents be found, either by Petitioner

or any one else, Petitioner shall, within ninety

(90)

days of receiving notice thereof,

submit to the

Environmental Protection Agency

a plan to implement

such method within one year of receiving such notice,

and shall thereafter comply fully with such plan.

(Opinion and Order at

3).

Other conditions to this Variance

-

as described in the accompa-

flying Opinion

-

require that Petitioner search for suitable methods

of mercury removal, and to report to the Agency on such

a

search.

In

light of that reporting requirement, and our finding

(Opinion at

3)

that no promising technology seems likely to appear soon, we feel that

condition

(d) may be safely deleted from the Order.

The remaining

conditions and the relatively short duration of the Variance granted

should provide for any unexpected breakthrough in this area.

Accordingly, condition

(d)

in the Board’s Order of July

8,

1976,

is

deleted.

Condition

(e)

of that Order accordingly becomes condition

(d).

IT IS SO ORDERED.

I, Christan

L. Moffett,

Clerk of the Illinois Pollution Control

Board, hereby certify the above ~rder was adopted on the

_____

day

of August,

1976,

by a vote of

~

(siLk

~

__

~

Illinois Pollution Co~~~JlBoard