ILLINOIS POLLUTION CONTROL BOARD

June

3,

1976

OLIN CORPORATION,

Petitioner,

PCB

73—509

PCB 73—510

ENVIRONMENTAL PROTECTION

)

Consolidated

AGENCY,

ReSpondent.

Randall Robertson,

Lueders, Robertson

& Konzen,

appeared on behalf

of Petitioner.

James

M.

Bumgarner,

Attorney at Law, appeared on behalf of

Respondent.

OPINION AND ORDER OF THE BOARD

(by Nr. Goodman):

On December

5,

1973,

Olin Corporation

(Olin)

filed two petitions

with the Pollution Control Board

(Board).

The first sought review

of the Environmental Protection Agency’s denial of Olin’s wastewater

collection and treatment facilities

(log 3052—73 through

3062-73) per-

mit applications.

The second petition sought review of the classifi-

cation of Wood River and the East Fork of the Wood River as a

Restricted Use Water

(Secondary Contact and Indigenous Aquatic Life

Waters)

pursuant to Rule 302(k)

of Chapter

3 of the Board’s Regula-

tions.

That petition was amended November

3,

1975,

to seek,

in the

alternative, variance from the copper standards.

Both matters were

consolidated by Board Order on December 13,

1973.

The Agency filed

its Answer to the first petition on January

8,

1974.

An Agency

Recommendation was received December

3,

1975.

Eight hearings were

held.

Olin’s permit applications were denied on September 14,

1973

(Ex.

A)

due to violations of water quality standards.

Olin contends

that Rule 408

(205)

of the Water Regulations

(Secondary Contact and

Indigenous Aquatic Life Standards)

rather than Rule 203 Standards are

applicable

to Wood River and the East Fork of the Wood River from

Route 140 to the Mississippi pursuant to Rule

302(k).

The Board must

deny Olin’s Permit Appeal.

22—3

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—2—

At no time have the bodies of water described herein been desig-

nated Secondary Contact and Indigenous Aquatic Life Waters.

The

Board is of the opinion that,

in order for a water of the State

of Illinois to be so classified,

the Board’s regulatory process with

the requisite public notice must be pursued.

No regulatory pro-

ceeding has designated the Wood River and the aforementioned portion

of the East Fork of the Wood River as a Secondary Contact Water.

Therefore the proper water quality standards for these waters are

those found in Rule

203.

Petitioner admits that the standard for

copper

is being violated.

Therefore, the Agency’s denial of Olin’s

permits was proper.

The same principles apply to Olin’s Petition for Reclassifi-

cation of these waters.

As that proceeding did not conform to the

procedures

for Regulatory and other nonadjudicative hearings,

the

Petition must be dismissed.

In further support of this position,

the Board notes that Rule 301 of the Water Regulations states that

“All waters of the State of Illinois are designated for general use

except those designated

as Secondary Contact and Indigenous Aquatic

Life Waters.”

Rule

302 specifically enumerates the exceptions to

the general

rule.

302(k)

then provides the standards under which

other waters may become exceptions.

However,

a reclassification of

a water from general

to secondary contact affects all persons

in the

State.

It is mandatory that proper regulatory proceedings be adhered

to when seeking such

a reclassification.

See Modine

v.

EPA,

Dissenting

Opinion

(July

11,

1974),

13 PCB

27.

Variance

In the alternative, Olin seeks

an extension of the variance

granted in PCB 73-484.

That proceeding granted Olin variance from

Rule 203(f)

of the Water Regulations for the discharge of copper

until

December 19,

1975.

Olin’s manufacturing processes and waste—

water treatment facilities are described in that Opinion and will not

be repeated here.

Olin contends and the Agency agrees that Olin has

continuously made good faith efforts

to correct its copper problem.

Olin has substantially complied with all conditions imposed in the

variance grant.

The Agency states in its Recommendation that no economically

feasible method is available for Olin to consistently meet the 0.02

mg/i copper standard.

Petitioner states that the only method avail-

able is

to shut down or greatly diminish its East Alton Plant opera-

tions.

The Agency notes that Olin and the Agency have contacted

Dr.

R.E. Wing of the Northern Regional Laboratory Agriculture Research

Service,

U.S.

Department of Agriculture concerning the use of in-

soluble starch xanthate to remove heavy metals

from water.

As of

22—4

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—3—

October,

1975,

Dr. Wing had not been successful;

however, he believes

the process may soon be ready

for commercial consumption.

The Board is disposed

to grant Olin the relief requested subject

to certain conditions.

This Opinion constitutes the Board’s findings of fact and conclu-

sions of law in these matters.

ORDER

It is

the Order of the Board that:

1.

Olin Corporation’s Petition for review of the Agency’s

denial of Petitioner’s wastewater collection and treatment

facilities’ permit applications

(log 3052-73 through

3062—72)

at its East Alton,

Illinois Plant be and is, hereby, denied.

2.

Olin Corporation’s “Petition for Reclassification of Wood

River and the East Fork of the Wood River from Route 140

to the

Mississippi River” as a Secondary Contact and Indigenous

Aquatic Life Water be and is, hereby,

denied.

3.

Olin Corporation be granted variance from Rule 203(f)

of

Chapter

3 solely for the discharge

of copper,

for a period of

5 years commencing from December 19,

1975 subject to the

following conditions:

a)

That Petitioner’s discharges from outfalls 001

through 015

(zones

6 and 17)

not exceed 0.5 milligrams of

copper per liter;

b)

That Petitioner shall continue to investigate

means

of controlling its effluent discharge of copper;

C)

That Petitioner submit quarterly progress reports

to the Agency on its investigation;

d)

That Petitioner report to

the Board and Agency on the

feasibility of using starch xanthate within 90 days after it

becomes commercially available;

and immediately initiate and

promptly complete

a program to upgrade effluent quality upon

the discovery of an economically feasible method of treatment

to reduce copper

to the required limit set forth

in Chapter

3;

e)

That within

28 days after the date of the Board Order

22—5

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—4—

herein Petitioner

execute and forward to the Illinois Environ-

mental Protection Agency, Variance Section,

2200 Churchill

Road,

Springfield,

Illinois,

62706 and to the Pollution Control Board

a certification of acceptance and agreement to be bound to all

terms and conditions

of the variance,

the form of said certifi-

cation to be as follows:

CERTIFICATION

(I, We)_____________________________________having

read

and fully understood the Order of the Illinois Pollution Control

Board in PCB 73-510 hereby accept said Order and agree to be bound

by all of the terms and conditions thereof.

SIGNED_________________________________

TITLE____________________________________

DATE_____________________________________

Mr. Young abstained.

I,

Christan

L. Moffett,

Clerk

of the Illinois Pollution Control

BoardA hereby certif

the above Opinion and Order weçe adopted on the

___________day

of

,

1976 by a vote of

4’—~

Christan

L. Moffet

,

erk

Illinois Pollution

rol Board