ILLINOIS POLLUTION CONTROL BOARD
    May 6, 1976
    INDUSTRIAL WATER SUPPLY COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 76—39
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Goodman):
    This matter comes before the Board upon Petition of Industrial
    Water Supply Company (IWS) for a variance from the requirements of
    the definition of “dilution ratio” as set forth in Rule 104 of
    Chapter 3 of the Board’s Rules and Regulations. The purpose of the
    variance is to allow a controlled flow discharge from Petitioner’s
    waste treatment facilities located at Ficklin, Douglas County, to
    the Kaskaskia River which would be maintained in the ratio of 5 to
    1 or greater to allow Petitioner to ireet the BOD and suspended solids
    limitations of Chapter 3, Rule 404(b). The Illinois Environmental
    Protection Agency (Agency) filed their recommendation on March 24,
    1976; no hearing was held in this matter.
    IWS owns and operates a treatment plant at Ficklin where it
    procures, treats and distributes treated water to the U.S. Industrial
    Chemicals Company and other users. In addition Petitioner treats
    the industrial effluent from U.S. Industrial Chemicals and discharges
    the treated effluent into the Kaskaskia River. Approximately 7
    million gallons per day is extracted from a well field upstream from
    IWS. The water is then discharged to the River using it as a conduit
    to transport the water to the IWS plant as necessary. This water is
    removed from the River and processed at the IWS treatment facilities
    to be utilized by the manufacturing facilities and the City of
    Tuscola.
    About one—half of the water is consumed by manufacturing pro-
    cesses, the remainder constitutes an industrial waste flow of approxi—
    mately 3 million gallons per day which is treated by IWS in their
    21 —365
    —2—
    treatment facilities and discharged back into the Kaskaskia River.
    During much of the year the treatment plant is able to produce
    an effluent BOD5 of 10 mg/i or less, however, during the cold months,
    the natural biological action is reduced and BOD5 values in excess
    of 10 mg/i are discharged. IWS utilizes a large number of lagoons
    and holding basins in their process and proposes to hold the waste
    water in lagoons, discharging at a controlled rate so that the ratio
    of water between the stream and discharge is always greater than 5
    to 1, in order that the applicable effluent standard will be Rule
    404(b) of Chapter 3, i.e. BOD5 and suspended solid limitations of
    20 mg/i and 25 mg/i, respectively.
    The Agency finds the Petitioner’s proposal feasible from an
    engineering standpoint but correctly points out that what Petitioner
    is seeking is a permanent variance which the Board cannot grant pur-
    suant to the limitations of Section 36(b) of the Environmental
    Pro-
    tection Act. Without a program that would eventually bring its
    effluent into compliance with the applicable Rule 404(f) (ii) standard,
    the Board finds the IWS Petition is insufficient and must be denied.
    This Opinion constitutes the finding of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that
    the Petition for variance of Industrial Water Supply Company
    be, and is, hereby, dismissed without prejudice.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board4 hereby certify the above Opinion and Order were dopted on the
    C.
    day of
    ,
    1976 by a vote of
    ...p
    Illinois Pollution
    ol Board
    21 —366

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