ILLINOIS POLLUTION CONTROL BOARD
February 25,
1988
FRANTZ MANUFACTURING COMPANY,
Petitioner,
v.
)
PCB 87—157
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY and
THE CITY OF STERLING,
)
Respondents.
OPINION AND ORDER OF THE BOARD
(by J. Theodore Meyer):
This matter comes before the Board on an October
13,
1987
variance petition filed by Frantz Manufacturing Company
(Frantz).
The Board issued a more information order on October
15,
1987,
and Frantz submitted
an amended petition on December
1,
1987.
Frantz seeks an extension of
a variance granted by the
Board
on February
5,
1987,
in PCB 86—143.
That variance gave
Frantz relief until September
1,
1987 from 35
Ill. Mm. Code
304.120 as
it relates
to five—day biochemical oxygen demand
(BOD)
and from 35
Ill. Mm. Code
304.124(a)
as
it relates to oils.
In
the
instant petition,
Frantz seeks an extension of variance until
September
1,
1988, because the City of Sterling (Sterling)
has
not completed construction of
a receiving
sewer as originally
scheduled.
That sewer
forms the basis
of Frantz’s compliance
plan.
On December
3,
1987,
the Board joined Sterling as
a party
respondent.
Sterling has not participated
in this proceeding.
On January 22, 1988,
the Illinois Environmental Protection
Agency (Agency)
filed
its recommendation,
recommending that the
variance extension
be granted subject to conditions.
Frantz
waived
its right to
a hearing,
and none was held.
BACKGROUND
Frantz owns and operates
a ball bearing manufacturing plant
located one mile west of Sterling
in Whiteside County,
Illinois.
The facility, which manufactures anti—friction wheels
and bearings for gravity flow conveyors,
employs
97 employees and
does approximately $10,000,000
in business annually.
One facet of the manufacturing work undertaken at the plant
involves the plating of the products produced there.
Frantz
plates approximately 24,000 pounds of materials per day through
the use of
a zinc electro—plating process.
This process consists
86—373
—2—
of
an automatic barrel line with a zinc potassium chloride
bath.
The equipment used
in the plating process
includes a 650
gallon soap tank,
a
390 gallon electro—clean soap tank,
a
580
gallon
rinse
tank,
a
290 gallon acid
tank,
a 580 gallon rinse
tank,
two potassium chloride plating tanks of
1500 gallons each,
a
290 gallon
1
nitric acid dip tank,
two 290 gallon chromate dip
tanks,
a 580 gallon cold rinse
tank,
and
a
290 gallon hot
rinse
tank.
As
a byproduct of
the plating operation,
approximately
17
gallons of effluent per minute emanate from the various
rinse
tanks.
These wastes are channeled through
a DMP chemical
reduction and precipitation waste treatment system.
Some
of the
waste
is recycled, with the remaining average of
4000 gallons per
day discharged
to Elkhorn Creek
at
a point immediately below the
discharge of the Sterling/Rock Falls sewage treatment plant.
Frantz reports that the BOD concentration in its effluent
ranges from
93 mg/i
to
256 mg/l,
and that the oils concentration
ranges from 13 mg/i
to
128 mg/i.
Frantz states that the average
concentrations
of BOD and oils in its effluent are 166 mg/l and
69 mg/l,
respectively.
On the other
hand,
the Agency reports
the
following monthly averages:
Month
BOD
(mg/i)
Oils
(mg/i)
11/87
125.0
25.0
10/87
71.0
13.0
9/87
46.0
14.0
8/87
50.0
1.0
7/87
46.0
6.0
6/87
18.0
3.0
Average
59.3
10.3
The effluent limitations
found at
35
Ill.
Adm. Code
304.120(a)
and 304.124(a)
are
30 mg/l for BOD and
15 mg/i for
oils.
Relief Requested and Compliance Plan
Frantz states that during
the period of variance,
it will
reduce oil discharges by the use of surface skimming or oil
capture elements.
However,
Frantz asserts that no significant
reduction of BOD
is possible under existing conditions.
Thus,
it
asks that the following interim discharge limits be imposed:
BOD (mg/i)
Oils
(mg/i)
Daily Maximum
260
100
Daily (sic)
Average
165
65
86—374
—3--
The Agency recommends
that the
interim limits be tightened
to “more accurately reflect the level of treatment being
provided.”
(Agency recommendation at
5.)
The Agency suggests
these limits:
BOD (mg/l)
Oils
(mg/i)
Daily Maximum
150
50
Monthly Average
75
25
The compliance plan previously proposed by Frantz,
and
accepted by the Board
in PCB 86—143,
involves construction of
a
sewer
line connecting
the Frantz facility with the City of
Sterling sewer
system.
This will allow the pre—treatment
effluent from Frantz
to be discharged into Eikhorn Creek after
passing through the municipal facility.
The present pre-
treatment facilities will remain in operation.
Frantz states
that Sterling has already committed to construct the sewer line
to the plant.
The original variance anticipated
that the sewer
line would be ready for hookup by September
1,
1987.
As noted
above,
the sewer has not been completed,
and Frantz seeks an
extension
of variance until September
1,
1988.
This new date for
compliance
is supported by a letter
from the Whiteside County
Board’s executive assistant.
(Variance petition,
Ex.
E.)
The
County Board
is
the entity which
is responsible for actually
constructing
the sewer
line.
The relationship between the County
Board and Sterling as
to construction of the sewer
line
is not
clear
in this record.
The Agency states that Frantz has already completed the
arrangements required to connect
to the sewer line when
it is
completed.
The Agency feels
that the failure to construct the
sewer. line during the previous variance has not been adequately
explained,
but notes that
it
is clear that Frantz has
no control
over the actual construction of the line and thus no direct
responsibility for the delay.
ENVIRONMENTAL IMPACT
As was the case in the original variance, neither Frantz nor
the Agency have provided any sampling data pertaining to Eikhorn
Creek.
At that time,
the Agency stated that because all stations
on Eikhorn Creek were found
to be “full
aquatic life support
streams”, and because the Frantz discharge would account for only
0.02
of
the 7—day 10—year low flow of the creek,
it believed
that the granting of the variance would cause no adverse
environmental impact.
In its recommendation in this case,
the
Agency notes that because Sterling’s wastewater treatment plant
has been discharging directly into the Rock River
for the past
year,
that discharge has not been available to dilute Frantz’s
flow
in Elkhorn Creek.
Even at that,
the Agency has received no
complaints of fjshkills or
the like
in the creek.
Thus,
the
86—37 5
—4—
Agency states that
it does not expect any further adverse
impact
on the receiving stream by the extension of the variance.
HARDSHIP
Frantz alleges that continued operation of its plating line
is critical to the company.
Frantz further indicates
that
if
it
were forced
to cease operation of the plating line,
the materials
needing plating would have to be transported
a minimum of
45
miles to
receive the same treatment.
Plating costs would be
expected
to double,
which Frantz contends would adversely affect
the company’s position
in what
it terms
a highly competitive
market.
Frantz also states that three
of its plating department
personnel would be laid off as
a consequence of ceasing plating
operations.
The Agency notes that
in PCB 86—143,
the Board found that
Frantz would
incur an arbitrary or unreasonable hardship if
required
to comply immediately with the BOD and oils
limitations.
The Agency points out that the situation is
unchanged,
and states
that it
is convinced that there
is
a
sufficient hardship to warrant the requested relief.
CONCLUSIONS
As previously stated
in the original variance,
the Board
finds that Frantz would
incur an arbitrary or unreasonable
hardship if required
to comply immediately with the regulations
in question.
This finding,
in combination with the limited
duration of
the requested extension, the presence of
a commitment
to comply,
and the minimal environmental impact expected during
the variance extension, persuade the Board
that the requested
relief should
be granted.
The Board agrees with the Agency that
because Frantz has
no control over the actual construction of the
sewer
line,
Frantz bears
no direct responsibility
for the delay
in compliance.
The Board will therefor~grant Frantz
a variance
from Sections 304.120(a)
and 304.124(a),
subject
to conditions.
As noted
above,
the Agency recommends
that the interim
effluent limits
be tightened
to more accurately reflect the level
of treatment being provided.
As the Board
noted
in its opinion
and order granting the original variance, establishing interim
limitations
is difficult because there
is not a great deal of
effluent data presented.
The Board agrees with the Agency that
the monthly averages of Frantz’s effluent
in June 1987 through
November
1987,
as reported by the Agency,
are well below the
interim limits imposed
in the original variance.
However,
the
latest monthly average
for
BOO
is 125 mg/i, well above
the
Agency’s suggested DOD monthly average of
75 mg/i.
Given the
fact that the variance
is extended only until September
1,
1988,
and
in view of the limited data,
the Board will
impose the
interim limits of the original variance,
as suggested by
86—376
—5—
Frantz.
Of course,
the Board encourages Frantz
to keep its DOD
and oils discharges at the lowest possible level.
This Opinion constitutes
the Board’s findings of fact and
conclusions of law
in this matter.
ORDER
Frantz Manufacturing Company
(Frantz), Bearing Division,
is
hereby granted variance
from 35 Iii. Mm. Code 304.120(a)
(as
it
relates to BOD)
and 304.124(a)
(as
it relates
to oils)
for the
discharges
from the plating operations
at its Sterling, Illinois
facility, subject to the following conditions:
1.
The variance shall expire on September
1,
1988 or upon
connection to the City of Sterling’s
sewer
system,
whichever occurs
first.
2.
During
the variance period Frantz
shall meet the
following interim effluent limitations:
DOD (mg/i)
Oils
(mg/i)
Daily Maximum
260
100
Monthly Average
165
65
3.
Frantz shall perform all actions necessary to complete
its connection
to the City of Sterling Wastewater
system, and shall report to the Agency on July 1,
1988,
regarding
the status of the project.
Frantz shall also
report
to
the Agency upon the completion of the project.
4.
Frantz
shall make timely application to the Agency for
any necessary permits,
including but not limited
to
construction and pre—treatment permits.
5.
Within
45 days after
the date
of this Opinion and Order
Frar~tzshall execute and send to:
Illinois Environmental Protection Agency
Attention:
James
Frost
Division
of Water pollution Control
Compliance Assurance Section
2200 Churchill Road
Springfield,
Illinois 62706
a certificate
of acceptance of this variance by which
it
agrees
to be bound by the terms and conditions contained
herein.
This variance will
be void
if Frantz fails
to
execute and forward the certificate within the
45 day
period.
The 45 day period shall
be held
in abeyance for
86—377
—6—
any period during which the matter
is appealed.
The
form of the certification shall
be as follows:
CERTIFICATION
I,
(We), ___________________________,
having read
the
Opinion and Order of the Illinois Pollution Control Board,
in PCB
87—157, dated February 25,
1988, understand and accept the said
Opinion and Order,
realizing that such acceptance renders all
terms
and conditions thereto binding and enforceable.
Petitioner
By:
Authorized Agent
Title
Date
6.
Section 41
of the Environmental Protection Act (Iii.
Rev. Stat.
1985,
ch.
1111/2. par.
1041) provides for
appeal of final Orders of the Board within
35 days.
The
Rules of the Supreme Court of Illinois establish filing
requirements.
IT
IS SO ORDERED.
I, Dorothy
M.
Gunn,
Clerk
of
the Illinois Pollution Control
Board,
hereby certify that the above Opinion and Order was
adopted on the
~4~Z
day of
~
-,
1988,
by a
vote
of
7—c’
.
/
Ill
s Pollution Control Board
86—378