ILLflJIS POLLUIIfl C~N?01 BOARD
June
10 1982
BORDEN CHEMICAL COMPANY,
)
Petitioner,
v.
PCB 82—74
ILLINOIS ENVIRONMENTAL PROIECTION
)
AGENCY,
)
Rebpondent.
OPINION AND ORDER OF Tilt F Nb (by J D Dumelle).
On June
10, 1982
the Illinois Lnvironmental Protection
Agency (Agency) filed a recommendation that Borden
Chemical
Company be granted a provisional variance from the suspended
solids limitation of Rule 404(c)
of
Chapter 3: Water Pollution.
The Agency has concluded
U
at
npliance on a short-term basis
with the suspended solids
3
ncatat~cn uMer the circumstances
in this case would irpo’e s arbitrary or unreasonable
hardship
on Borden and, in fact, that delay in granting this provisional
variance could result in greater environmental harm. Therefore,
pursuant to Section 35(o) o~th Environmental Protection Act
the Board will grant
U
is reconmended provisional variance.
The Board notes, however, that Borden is currently under a
variance from the effluent and water quality standards for TDS
and chloride (PCB 78—296,
34
PCB 71, June 22, 1979)
and that an
enforcement action was filed aaainst
it
in PCB 81—18. While this
?rovisional variance should help resolve
many
of the alleged
water violations on which these actions are based, the
Board
generally does not favor the use of a provisional variance in
cases where there appears to have been sufficient time
to
apply for an extension of an existing variance.
ORDER
The Board hereby grants Borden Chemical Company a
provisional
variance from the Rule 404 c) limitation for suspended solids for
a
period
of
45 days beginning on June
14, 1982, subject to the
following conditions:
1.
Borden shall inform the Agency at
its
Springfield
Regional Office (217/786—6892) on or prior to the
day that each of the final polishing lagoons is
removed from service and on or prior to the day
that the new serpentine stream system is placed
in operation;
47-285
2~ Borden ciall cc~~
n ts f fluent in
accordan~ewith
3. Effluent concenc~i~o o suspended solids discharged shall
not exc’~e~18
n
‘
cc ~ ~~ly c31~ragebasis or 30 mg/i on
a daily ma~iun
4, The conten s t aiy na) poJtshi~glagoons removed from
service siall be -c ~u aced thi ugh the entire treatment
process prior to
i1~
~iarge
5. Within ter day
f this Order, Borden shall
execute
r ~
t~f
L
ci ~cceptan~e and agreement in the
following
t~ra.
I, (We), the B dun he a orp ny, having read the
Order
of
the Illinois Polluticr,. on~o ~orJ
ii.
PCB 82—74,
dated
June
10,
1982, understand and user said Order, realizing that
such
acceptance render
ai~
tsr and conditions thereto binding
and
enforceable,
Petitioner
By: Authorized Ager’
Title
Date
The certification shall be addiessec as follows:
Illinois Environmental Pro ection Agency
Division of Water Pc lotion Control
Compliance Assurarce Se ~or
2200 Churcl ~ll
w~.
Springfield, Illinois 6 06
IT IS SO ORDERED
I, Christan L. Motfett, Clerk f the Illinois Pollution
Control
Board, hereby certify that the above Opinion and Order
were adop1~ed
on the
j~f~
day of ~
1982 by a
vote of
~Q,
Christen L. Mof
~
Illinois Poiluti i’r~ Control Board