ILLINOIS
    POLLUTION CONTROL BOARD
    October
    14,
    1971
    DEARBORN CHEMICAL DIVISION
    OF
    CHEMED
    CORPORATION
    v.
    )
    PCB 71—205
    ENVIRONMENTAL PROTECTION AGENCY
    Opinion of
    the Board
    (by Mr.
    Dumelle):
    Dearborn Chemical Division of Chemed Corporation
    (Dearborn)
    is
    a manufacturer of chemical specialties used
    in
    the field of
    water treatment and corrosion control.
    At the facilities
    in Lake
    Zurich liquid and dry chemicals
    are processed and blended in
    accordance with propriet~ry formulations and packaged
    for sale
    as water treatment chemicals, coatings,
    corrosion inhibitors,
    algicides, biocides
    and coagulant aids.
    Dearborn was formerly
    an operating division of
    W.R.
    Grace
    and Company and is still
    94
    owned by Grace
    (R.5l-52).
    The facilities
    are on
    a 75 acre site
    at which approximately 180 persons are emoloyed
    (R,53).
    Dearborn has petitioned
    the Board to be
    able
    to discharge
    aqueous wastes
    in quantities
    in excess of
    those allowe& by Illinois
    Sanitary Water Board Rules and Regulations
    SWB-14
    (hereafter SWB-14).
    Specifically, Dearborn on July
    16,
    1971,
    asked to he permitted
    to
    continue
    its present discharges
    for about six months, until
    the
    plant’s
    discharges
    could
    he
    fully
    diverted
    to
    the
    Lake
    Zurich
    waste
    treatment
    plant.
    It
    is
    the
    decision
    of
    the
    Board
    that
    netitioner
    be
    granted
    a
    variance
    from
    the
    operation
    of
    the
    requirements
    of
    SWB-l4
    terminating
    120
    days
    from
    this
    date
    subject
    to
    certain
    con-
    ditions
    hereinafter
    set
    forth
    in
    this
    opinion
    and
    order.
    Industrial
    waste
    water
    is
    generated
    as
    a
    result
    of
    the
    follow-
    ing
    activities:
    Cleaning
    of
    small
    amounts
    of
    residual
    chemicals
    from
    mixing
    and
    blending
    equipment;
    oroduction
    of
    boiler
    feedwater;
    and
    other
    use
    of
    water,
    such
    as
    for
    chemical
    reagents
    and
    dis-
    carded
    samples
    from research,
    testing,
    and analytical sections
    of
    the company laboratory.
    The domestic sanitary sewage
    is discharged
    through an
    approved
    connection
    to
    the
    municical sewage system of
    the
    Village of Lake Zurich.
    A substantial amount of city water
    is
    consumed
    as
    ‘~oncethrough” cooling water without treatment and
    discharged to
    the
    drainage system serving the plant
    site,
    The
    industrial waste water
    is collected
    in
    a
    separate
    drainage
    system
    2
    6.51

    and treated in
    a batch treatment plant for reduction of metals
    and
    coagulation of metal precipitates
    and other solids,
    adjustment of
    pH,
    and
    aeration,
    The
    treated
    e~fluentis then discharged along
    with
    the
    cooling
    water
    and storm water to the drainage system.
    The
    effluent
    then
    flows
    into
    a
    marshy, shallow ditch along the
    Elgin,
    Joliet
    and
    Eastern
    Railroad
    right-of-way.
    After
    about
    one-
    eighth of
    a mile
    the ditch
    empties
    into
    a
    concrete
    drainage system
    and
    thence into
    a marshy area from which no
    defined
    flow
    pattern
    emerges.
    Ultimately
    the discharge
    is to Flint Creek
    and the Fox
    River
    (R,46—48).
    In April,
    1971, Dearborn’s industrial waste water flow was
    at the rate of 15,000 gallons per day
    (gpd) while the domestic
    sewage flow was 16,700
    gpd.
    Efforts
    to reduce the flow have
    resulted in
    a decrease
    in the industrial waste flow to 9,900
    gpd
    and
    in
    the
    domestic
    flow
    to
    6,500
    gpd
    (R.6l-62).
    In
    August,
    1970,
    the Environmental Protection Agency
    (EPA)
    advised Dearborn of several items of non-compliance with the
    regulations.
    Following
    a study Dearborn,
    in October,
    1970,
    sought
    permission from the Village of Lake Zurich to connect to
    the muni-
    cipal sewer system to discharge all of its wastes.
    As of the
    date of the hearing,
    the question of whether
    the Village would or
    could accept Dearborn’s efflux was still unresolved.
    Mr. Dwayne
    M,
    Doughty, Village Administrator of Lake Zurich, testified that
    because
    the Village had heard
    from its consulting engineers only
    the day before
    the hearing,
    it did
    not know what course would
    be taken.
    The
    facts
    and figures of Dearborn’s effluent must still
    be reviewed
    (R,57).
    Dearborn feels that by Pretreating and then
    discharging into the municipal treatment plant
    it is embarked
    upon the best solution to
    its waste water problem.
    In this case as in all the cases which come before us we
    are asked
    to balance
    the hardship visited upon the petitioner,
    should the variance request be denied,
    against the harm wreaked
    upon the environment with the issuance of
    a license to pollute.
    In this ease we
    are persuaded that Flint Creek and
    the Fox River
    will not be so adversely affected so
    as to force us to deny .Dear-
    born’s request.
    We therefore grant the request in this instance,
    but we do
    so with some reservation
    as the company is
    in
    the business
    of advising other industrial water users how
    to treat their wastes,
    yet is unfortunately remiss
    in solving its own problem,
    Dearborn,
    who performs
    surveys, feasibility studies, design studies,
    and
    makes recommendations
    as to what their customers should do with
    wastes, should now undertake
    to treat itself as well
    as it does
    its best customer.
    2
    652

    Because no specific resolution of the problem was presented
    at the hearing and we
    are thus uninformed, we must continue our
    jurisdiction and maintain our scrutiny of this
    cause.
    Presumably
    Dearborn will proceed
    to obtain a permit for the operation
    of
    its existing facilities, will routinely make monthly operational
    reports and will obtain certification of itS operators.
    What,
    however, will Dearborn do if they cannot make arrangements to dis-
    charge into
    the Lake Zurich treatment plant?
    There
    is testimony
    in
    the
    record
    that
    they
    could
    hook
    up
    to
    the
    municipal
    system
    without increasing the hydraulic loading at the facility
    (R.62).
    But the record yields no information as
    to whether
    the plant
    is
    presently hydraulically overloaded.
    We grant the requested variance
    for 120 days subject to
    several conditions.
    Dearborn must expeditiously make every
    practical effort to resolve
    its sewer connection dealings with
    the Village of Lake Zurich.
    This could probably be done within
    the next 30 days.
    By November
    15,
    Dearborn should know where
    it
    will be permanently discharging its wastes,
    Within
    75 days from
    date we will require Dearborn
    to submit
    a supplemental petition
    detailing
    the course which
    it proposes
    to take,
    Such supplemental
    petition,
    the request for extension of this variance beyond 120
    days
    if more
    time
    is required, may be acted upon without
    a hearing.
    As
    a further condition of this variance we will require
    Dearborn to post
    a bond or other adequate security with
    the
    Environmental Protection Agency as we have done
    in most of
    the
    variance cases decided to
    date.
    The bond is provided
    for by
    statute and is intended to serve
    as an incentive
    to
    the polluter
    to proceed apace with
    the cleanup
    job,
    We will require a bond
    or other security in the amount of $20,000 subject to modification
    after consideration of the supplemental petition.
    The obligation
    of the bond shall be the operation of the plant in compliance
    with SWB-l4 after any period of variance has
    run its course.
    This Opinion constitutes the findings of fact and conclusions
    of law by the
    Board,
    2
    653

    ORDER
    The Board having considered
    the petition, recommendation,
    transcript
    and exhibits
    in this proceeding, hereby grants
    the
    request of Dearborn Chemical Division of Chemed Corporation
    (Dearborn)
    for a variance subject to the following conditions:
    1.
    This grant of variance from the provisions
    of SWB-l4 extends for 120 days
    from this
    date,
    This variance
    is granted to allow
    Dearborn to make arrangements
    and proceed
    to connect to the Lake Zurich municipal
    treatment system or
    to make alternate plans
    for the treatment
    of its plant effluent.
    2.
    Dearborn shall submit
    a supplemental peti-
    tion
    for variance containing a complete
    abatement and compliance program to the
    Environmental Protection Agency
    and the
    Board within
    75 days specifying
    in detail
    the course which Dearborn will pursue to
    conform to the requirements of SWB-l4,
    Such
    complete supplemental petition to extend
    the present variance may be acted upon with-
    out
    a hearing.
    3.
    Dearborn shall post with the Environmental
    Protection Agency on
    or
    before November
    15,
    1971
    a bond or other adequate security in
    the amount of $20,000 and
    in such form as
    is satisfactory
    to the Agency, which sum
    shall be forfeited to the State of Illinois
    in the event
    the treatment plant shall be
    operated in contravention of the provisions
    of SWB-l4 after the initial or extended
    (if any) period of variance
    is expired.
    Any extended date will be determined after
    Dearborn’s submission of
    a petition and
    program as required by paragraph No.
    2.
    4.
    Failure
    to adhere
    to any of the conditions
    of
    this variance shall be grounds
    for revo-
    cation of the variance.
    I, Regina
    B.
    Ryan, Clerk of the Illinois Pollution Control
    Board,
    certify that the Board adopted the above Opinion and Order
    on the
    14
    day of October,
    1971,
    ~D.
    ~
    ,~:J.
    ~
    ~gina
    E.
    Ryan, Clerk
    Illinois Pollution Control Board

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