ILLINOIS POLLUTION CONTROL BOARD
    July 31, 1986
    LIBBEY—OWENS-FORD
    COMPANY,
    Petitioner,
    v.
    )
    PCB
    86—118
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    J.
    D.
    Dumelle):
    This provisional variance request comes before the Board
    upon
    a July 31, 1986
    Recontrnendation of
    the Illinois Environmental
    Protection Agency
    (Agency).
    The Agency recommends
    that
    a 7—day
    provisional variance be granted
    to the Libbey—Owens—Ford Company
    from 35 Ill. Adm. Code 304.141
    to allow
    the discharge
    of waters
    which
    are not in compliance with
    its NPDES Permit while
    a 24
    inch
    force main
    is repaired and relocated.
    The Petitioner owns and operates wastewater treatment
    facilities located
    in Ottawa,
    Illinois.
    The
    company’s wastewater
    treatment facilities
    include
    “a 24 inch force main across
    the
    Illinois River,
    a Parshall flume,
    and
    3 lagoon cells.”
    (Rec.
    1).
    The Libbey—Owens—Ford Company glass plants
    *5 and *7
    deliver process waste waters and
    sanitary
    waste
    waters
    “together
    with some surface water through
    a
    24
    inch pipe
    to
    a
    lagoon/skimmer type waste treatment system located
    on the
    opposite
    (South)
    side
    of the Illinois River from the plants.”
    (Pet.
    1).
    Effluent from the Petitioner’s wastewater treatment
    facilities
    is
    discharged
    into the Illinois River pursuant
    to the
    requisite NPDES Permit authorization.
    Because
    of
    recent
    washouts
    of
    the
    supporting
    bank,
    “part
    of
    the
    24
    inch pipe running parallel
    to the North bank of the river
    and
    located
    about
    ten feet above
    the river
    is
    in
    jeopardy.”
    (Pet.
    1).
    The
    Petitioner
    has
    indicated
    that
    “this
    part
    should be
    relocated onto solid ground very soon.”
    (Pet.
    1).
    Additionally,
    as
    a temporary interim measure,
    the Petitioner fitted several
    sections of pipe with emergency plugs and scrap seals
    to
    eliminate leaks which
    range
    in size from
    a pin hole to about one—
    half inch
    in diameter.
    However,
    the Petitioner has
    indicated
    that
    “it
    is unlikely that these repairs will
    last until another
    plant shutdown occurs.”
    (Pet.
    1).
    Therefore,
    during
    the time
    period of
    the requested provisional variance,
    the Petitioner
    intends
    to replace
    the
    sections
    of
    this pipe which have developed
    leaks
    that have been temporarily
    repaired.
    (Rec.
    1).
    71-466

    —2—
    Since glass plant
    #7, which contributes
    95
    of the
    wastewater flow
    to the Petitioner’s waste treatment system, will
    be down for vacation during
    the weeks of July 14, 1986 and
    July 21,
    1986,
    the company wants
    to repair and relocate the
    24 inch force main during
    the week
    of July 21, 1986.
    (Pet.
    1;
    Rec.
    1).
    The Libbey—Owens—Ford Company believes that this
    repair
    and relocation work will
    take somewhere between three to
    five
    days, and has requested
    a variance for seven days
    (from July 21,
    1986 to July 28, 1986) to allow
    for any unexpected contingencies
    which may arise during
    the course of the completion
    of
    the
    requisite repair work.
    (Pet.
    1—2;
    Rec.
    1).
    During the shutdown of the 24 inch force main,
    the
    Petitioner believes that there will
    be “little or
    no discharge
    from the waste treatment system (outfall 009).”
    (Pet.
    1).
    However,
    there may be some discharges of untreated wastewater
    from some
    of the collection system stormwater overflow discharge
    points.
    (Pet.
    1;
    Rec.
    2).
    The combined total
    of such discharges
    directly to the Illinois River are estimated by the Petitioner
    to
    be at
    a maximum of
    70 gallons per minute.
    (Pet.
    1;
    Rec.
    2).
    The
    company has emphasized that it needs
    the requested provisional
    variance relief
    “in order
    to avoid an emergency repair
    during
    production operations when waste treatment flows
    range as high as
    2.5 MGD.”
    (Pet.
    2;
    Rec.
    2).
    The Petitioner
    has stated that there
    is no practical
    alternative
    to removing the force main from service in order
    to
    facilitate the repair
    and relocation of this 24
    inch line and the
    Agency has agreed with the company’s analysis
    of this
    situation.
    (Rec.
    2).
    Although there
    is
    a possibility of total
    suspended solids and
    fecal coliform excursions from stormwater
    overflow points while the
    force main
    is out of service,
    based
    on
    information received by the Agency from the company on past
    discharges from these outfalls,
    it
    is believed that such small
    discharges would
    be minor.
    (Pet. 1—2; Rec.
    2).
    The Agency believes that the environmental
    impact of
    granting
    the requested relief will
    be minimal because of “the
    short duration and small volume
    of these discharges
    in comparison
    to the volume
    of the Illinois River
    (average flow upstream at
    Marseilles during Water Year
    84 was approximately 5 million
    gpm).”
    (Rec.
    2).
    The Agency has also indicated that there are no Federal
    regulations that would preclude the granting
    of the requested
    provisional variance.
    The first downstream public water supply
    is located in Peoria,
    Illinois and the Agency has concluded that
    there are no downstream public water supplies which would be
    adversely affected by the granting of
    the requested relief.
    (Rec.
    2).
    71-467

    —3—
    The Petitioner maintains,
    and the Agency believes,
    that
    a
    denial
    of the requested provisional variance would create an
    arbitrary or unreasonable hardship “because Petitioner plans
    to
    repair
    and relocate the force main during
    a period when flows are
    reduced
    to prevent having
    to do
    so
    in an emergency situation when
    flows will probably be much higher.”
    (Rec.
    2).
    The Agency has therefore concluded that compliance on
    a
    short—term basis with the applicable standards would impose an
    arbitrary or unreasonable hardship upon the Libbey—Owens—Ford
    Company.
    (Rec.
    1—2).
    Accordingly,
    the Agency has recommended
    that the Board grant
    the Petitioner
    a provisional variance from
    35 Ill. Adm. Code 304.141,
    subject to certain conditions.
    Pursuant
    to Section 35(b)
    of the Illinois Environmental
    Protection Act,
    the Board will grant the provisional variance as
    recommended.
    This Opinion constitutes
    the Board’s findings of
    fact and
    conclusions
    of law
    in this matter.
    ORDER
    The Petitioner,
    the Libbey-Owens-Ford Company,
    is hereby
    granted
    a provisional
    variance from 35 Ill. Adm. Code 304.141 to
    allow
    the discharge of waters which
    are not
    in compliance with
    its NPDES Permit while
    its force main
    is repaired and relocated,
    subject
    to the following conditions:
    1.
    The provisional variance shall commence on July 21,
    1986,
    and continue until July 28,
    1986,
    or until
    the force main
    is returned
    to service, whichever
    occurs
    first.
    2.
    Any discharges which
    occur from the stormwater
    overflow points
    shall
    be monitored by collecting a
    manual
    composite sample each day during
    the
    provisional variance period and analyzing the
    composite sample
    for BOD, TSS,
    and fecal
    coliform.
    The results
    of these analyses shall be
    submitted to the Agency with the July,
    1986
    discharge monitoring
    report.
    3.
    During the provisional variance period,
    the
    /
    Petitioner
    shall operate its facilities
    so as to
    minimize the discharge of untreated wastes.
    4.
    Within 10 days of the date of the Board’s Order,
    the Petitioner shall execute
    a Certification of
    Acceptance and Agreement which shall be sent to
    Mr. James Frost of the Agency at the following
    address:
    71-468

    —4—
    Mr.
    James
    Frost
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    Springfield, Illinois
    62706
    This certification shall have
    the following form:
    I,
    (We),
    _______________________________,
    having read the
    Order
    of the Illinois Pollution Control Board
    in PCB 86—118 dated
    July 31, 1986, understand and accept
    the said Order,
    realizing
    that such acceptance renders all terms
    and conditions thereto
    binding and unenforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opin4on and Order was
    adopted
    on
    the
    ____________
    day
    of
    ____________________,
    1986
    by
    a
    vote
    of
    __________________.
    ~/
    /
    /7(11
    ~
    IDorothy M.
    Gunr?, Clerk
    Illinois Pollution Control Board
    71.469

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