ILLINOIS POLLUTION CONTROL BOARD
    April
    10, 1975
    MINNESOTA MINING AND MANUFACTURING COMPANY,
    Petitioner,
    vs.
    )
    PCB 75—26
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss):
    In People of the State of Illinois vs. Minnesota Mining and
    Manufacturing Company,
    PCB 74-225,
    3M agreed to upgrade its
    Magnetic Production Wastewater Treatment System by replacing
    existing chemical feedpumps and by installing an additional
    sludge pump and two sample pumps.
    It was anticipated that pumps
    would be received at
    the
    facility in September 1974.
    Petitioner
    now requests variance from the Board Order which was entered in
    PCB 74-225 since the pump vendor has postponed delivery of the
    pumps until February 1975.
    Paragraph D at page
    31 of the Stipulation provides that:
    “3M’s time for performance of any term of this Stipulation may
    be extended by the Board for good cause upon application by 3M
    after reasonable opportunity for People to respond to any such
    application”.
    Because of the delay in pump delivery, Petitioner
    requests
    an extension of time “to coincide with
    the promised
    delivery dates”
    to complete the upgrading project.
    The Agency believes that Petitioner has been delayed by
    circumstances beyond its control and that the request for an
    extension of time is for “good cause”.
    According to the Agency
    the short extension of time will not affect the over-all performance
    of
    the compliance schedule.
    The EPA recommends
    the granting of
    variance until March
    31,
    1975.
    The Board agrees that the delay was beyond the control of
    Petitioner and will grant the additional time to and including
    April
    15, 1975 in order to provide some leeway for minor delays.
    Petitioner
    is proceeding with design of facilities
    to
    implement the Long-Range Program.
    Permits for an outfall
    extension have been received from the Illinois Department of
    16—395
    —2—
    Transportation and the Environmental Protection Agency.
    An
    application to the U.
    S.
    Corps of Engineers is pending.
    If
    the
    final permit is issued at a time of adverse weather and
    high
    water
    conditions,
    Petitioner
    speculates
    that
    it
    may
    be
    necessary
    to
    request
    a
    further
    extension
    of
    time.
    We believe Petitioner was merely informing the Board and
    Agency of the possibility of such
    a request for extension and
    we do not construe the correspondence as a variance request
    for additional time to extend the outfall.
    Such a variance
    request would be premature at this time.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    It is the Order of the Pollution Control Board that Minnesota
    Mining and Manufacturing Company be granted an extensiun of
    time from the time schedule adopted in settlement of PCB 74-225
    until April
    15, 1975 for the purpose of installing pumps required
    by Item
    8 of the Stipulation Agreement.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order was adopted
    this
    ~6~’
    _day of
    ____________,
    1975
    by
    a
    vote
    of
    4tob.
    16
    —
    396

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