ILLINOIS POLLUTION CONTROL BOARD
March 28, 1977
DE SOTO, INC.,
Petitioner,
v.
)
PCB 76—257
ENVIRONMENTAL PROTECTION AGENCY, )
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Zeitlin):
This matter is before the Board on a Petition for Variance
filed October 15, 1976, by Petitioner De Soto, Inc. (DeSoto), seeking
Variance from Rule 702 of Chapter 3: Water Pollution, of the Board’s
Rules and Regulations. PCB Regs., Ch. 3, Rule 702 (1976). The
Environmental Protection Agency (Agency) filed its Recommendation
on November 24, 1976. No hearing was held in this matter.
DeSoto’s paint manufacturing plant in Chicago Heights has been
the subject of two prior Variance cases. De Soto, Inc. v. EPA,
PCB 75-277, 19 Ill. PCB 53 (1975) (Rehearing Denied, 19 Iii. PCB
296). De Soto, Inc. v. EPA, PCB 75—449, 19 Iii PCB 781 (1976).
The nature and extent of DeSoto’s operations are detailed in those
cases and need not be repeated here. It is sufficient to note that
DeSoto used phenyl mercurial preservatives in its latex paint prior
to 1973, and again briefly in 1975.
In the more recent of the previous Variance cases, DeSoto was
granted relief from the 0.0005 mg/i limitations on mercury discharges
to sewers for a period ending October 16, 1976. Through a gradual
process of dilution, the mercury remaining in its wastewater treat-
ment lagoons was to have been discharged over the Variance period
until compliance was attained.
However, DeSoto found in September and October of 1976 that
the levels of mercury compound in its treatment lagoons (and there-
fore in its discharges) was actually increasing. DeSoto determined
that, as a result of extremely dry weather during the summer of
1976 and resulting low water levels in the lagoons, the floating
aerators in the lagoons were causing the resuspension or solution
of mercury compounds previously trapped in sludge at the bottom of
those lagoons.
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To correct this problem, DeSoto proposed to sequentially dry
and dredge each of five lagoons in its wastewater treatment system.
DeSoto estimated that this would take approximately 62 working days,
after which mercury levels would gradually decrease to compliance
with the 1/2 ppb level required by Rule 702. DeSoto also anticipated
that, because of poor winter weather and the several holidays during
the work period, an additional two to three weeks would be required
to complete the necessary dredging. After that work was completed,
the remaining mercury in the various lagoons would be discharged
gradually in a manner similar to that required in PCB 75-449.
DeSoto estimated that during the first 18 weeks of the Variance
period, mercury levels might reach 20 ppb, with levels during the
next 10 weeks as high as 15 ppb. Compliance was to have been reached
by October 1, 1977.
Before the Board could enter a decision on those facts, however,
DeSoto filed a Motion on December 10, 1977, asking that the entry
of a final Opinion and Order in this matter be deferred. DeSoto
stated that the information submitted to the Board in the Oct. 15, 1977
Petition contained significant errors as to mercury concentrations.
DeSoto had found that a reagent used in its laboratory for mercury
analysis actually contained mercury itself, so that all prior analyses
were incorrect by up to 12 ppb. In an Interim Order entered Dec. 16,
1977, the Board granted DeSoto eight weeks for further analysis and
the submission of additional documents.
DeSoto filed a “Response to Recommendation” on February 10, 1977,
to which the Agency replied on March 24, 1977. During the interim,
DeSoto proceeded with the dredging program outlined above, and
reanalyzed the concentration of mercury in its wastewater system.
It is now apparent that DeSoto’s mercury problem is not as great as
previously estimated, although some mercury does remain. DeSoto
has adjusted the Variance request to reflect this change, and now
seeks permission to discharge 3 ppb to the Bloom Township sewers
initially, with gradual decrease until the .5 ppb standard is
achieved in September 1977.
The Board has previously found that DeSoto’s effluent has
little or no effect on the final effluent of the Bloom Township
Sanitary District; DeSoto contributes less than 1 percent of the
District’s total flow. In addition, the Agency’s Recommendation
notes that no mercury has been detected in tests of that Sanitary
District’s effluent.
In light of these facts, and DeSoto’s continuing good faith
efforts to eliminate its mercury discharges (in addition to $400,000
spent on research and study of non—mercurial biocides, and a $100,000
cost of the dredging required under DeSoto’s compliance plan), we
feel that a Variance is warranted. As noted in PCB 75—449, we agree
with DeSoto and the Agency that mercury removal at the levels indicated
is impractical.
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Because of the greatly decreased concentrations of mercury to
be discharged during the Variance, we shall release DeSoto from the
strict monitoring and reporting requirements which were present in
the prior Variance. A standard Certificate of Acceptance shall be
required.
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER
IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that:
1. Petitioner De Soto, Inc., be granted a Variance from
Rule 702 of Chapter 3: Water Pollution, from October 16, 1976 until
October 1, 1977, subject to the following conditions:
a. The average concentrations of mercury in DeSoto’s
final effluent shall not exceed the following levels:
Through May 31, 1977
3 ppb
June 1, 1977
—
July 31, 1977
2 ppb
July 31, 1977
—
Sept. 30, 1977
1 ppb
October 1, 1977
0.5 ppb
2. Within thirty (30) days of the date of this Order, Peti-
tioner shall execute and forward to the Environmental Protection
Agency, Control Program Coordinator, 2200 Churchill Road, Springfield,
Illinois 62706, a Certificate of Acceptance in the following form:
I, (We), ____________________________ having read
the Order of the Illinois Pollution Control Board in
case No. PCB 76-257, understand and accept said Order,
realizing that such acceptance renders all terms and
conditions thereto binding and enforceable.
SIGNED
TITLE
DATE
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I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the a1bove Opinion and Order weçe
adopted on the
~
day of
/)‘7444i~
,
1977, by a vote of
5-.~
Christan L.
Mof±~~t,
Clerk
Illinois Pollution Control Board
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