ILLINOIS POLLUTION CONTROL BOARD
    May 22, 1986
    NORCHEM, INC.,
    Petitioner,
    )
    )
    v.
    )
    PCB 86-72
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD (by W. J. Nega):
    This provisional variance request comes before the Board
    upon a May 22, 1986 Recommendation of the Illinois Environmental
    Protection Agency (Agency). The Agency recommends that a 45-day
    provisional variance be granted to Norchem, Inc. from 35 Ill.
    Adm. Code 304.120 as it relates to total suspended solids (TSS)
    to allow the Petitioner to exceed the TSS effluent limit of 25
    milligrams per liter (mg/i) as a monthly average and 50 mg/i as a
    daily maximum during the time period when planned algae control
    measures are being installed.
    Norchern, Inc. which is located at 8805 N. Tabler Road in
    Morris, Grundy County, Illinois, owns and operates wastewater
    treatment facilities that include an equalization basin,
    activated sludge units, secondary clarifiers, an oil separator, a
    sludge holding basin and a polishing pond. (Rec. 1). The
    Petitioner discharges its effluent to the Illinois River pursuant
    to the appropriate NPDES permit authorization. (Rec. 2).
    The company has requested a provisional variance from 35
    Ill. Adm. Code 302.210 from applying aquatic herbicide and
    chlorine to its polishing pond and has also requested relief from
    the total suspended solids effluent requirement of its NPDES
    Permit in order to install modifications to the polishing pond
    for algae control. (Rec. 1). The Agency has stated that it
    construes the Petitioner’s request for relief pertaining to total
    suspended solids to be a request for relief from 35 Ill. Adm.
    Code 304.120 as it relates to TSS levels. (Rec. 1).
    Discharge monitoring reports submitted to the Agency by the
    Petitioner indicate the following effluent data for the past
    year:
    70-66

    -2-
    Month
    Flow (MGD)**
    BOD (mg/l)
    TSS (mg/l)
    February, 1986 1.4
    3
    7
    January, 1986
    1.3
    3
    12
    December, 1985 1.4
    3
    17
    November, 1985 1.3
    3
    13
    October, 1985
    1.3
    4
    13
    September, 1985* 1.3
    5
    16
    August, 1985
    1.9
    5
    14
    July, 1985
    1.8
    3
    8
    June, 1985
    2.0
    4
    15
    May, 1985
    2.0
    5
    9
    April, 1985
    2.0
    4
    15
    March, 1985
    2.1
    4
    9
    Average
    1.7
    4
    12
    (Rec. 2).
    In its June, 21, 1985 supplemental NPDES Permit application
    filed with the Agency, Norchem, Inc. stated that the highest
    maximum for total suspended solids from its polishing pond during
    1984 was 82 mg/i and the highest monthly average for TSS from the
    polishing pond in 1984 was 51 mg/l. (Rec. 2).
    On July 29, 1985, the Agency reissued Petitioner’s NPDES
    Permit #1L0002917. Norchern’s reissued NPDES Permit contained
    stricter and more stringent daily maximum effluent limitations
    for biochemical oxygen demand (BOD) and for total suspended
    solids, as well as a new requirement that each waste stream be
    sampled individually. (Rec. 2-3). The company’s prior NPDES
    Permit had contained BOD effluent limits of 20 mg/l as a monthly
    average and BOD effluent limit of 50 mg/i as a daily maximum,
    while containing a TSS effluent limit of 25 mg/l as a monthly
    average and 62.5 mg/i as a daily maximum. However, the new
    effluent limits in the stricter reissued NPDES Permit required
    the company to meet BOD effluent limits of 20 mg/l as a monthly
    *
    Point at which sampling location was changed in accordance
    with reissued NPDES permit.
    **
    MGD
    =
    million galons per day. (Rec. 2).
    70-67

    -3-
    average and 40 mg/i as a daily maximum, plus effluent limits of
    TSS of 25 mg/i as a daily maximum. (Rec. 2).
    Because the reissued NPDES Permit also required that each
    waste stream be sampled individually, the sampling point for the
    Petitioner’s discharge from its wastewater treatment facilities
    needed to be moved to a point upstream of the mixing of this
    effluent with Norchem’s cooling water discharge for appropriate
    sampling activities to take place. According to the Agency, the
    required change in the location of the sampling point had a
    greater impact on the company’s ability to maintain compliance
    than the increase in the daily maximum effluent limits for TSS
    and BOD. (Rec. 2-3).
    Although Norchem, Inc. has indicated that it desires to
    fully comply with the effluent limitations for TSS and BOD set
    forth in its reissued N?DES Permit, it anticipates difficulty in
    complying with the more stringent TSS requirement during the warm
    summer months when algae are expected to be most numerous in its
    polishing pond. (Rec. 3).
    To reduce the amount of total suspended solids discharged
    from its polishing pond, the Petitioner plans to: (1) install a
    curtain across the polishing pond just south of the pond
    discharge point in order to divide the pond into two separate
    areas;* (2) install special baffle curtains across the northern
    part of its polishing pond to prevent “short circuiting” and to
    properly direct the water flow so that stagnant pond areas will
    be eliminated; (3) install a chlorination system to add chlorine
    to the contents of the northern portion of its polishing pond in
    order to retard algae growth by maintaining a low chlorine
    residual, and (4) apply an appropriate aquatic herbicide to
    significantly lower the concentration of algae in the polishing
    pond.
    However, the Petitioner is very concerned that, due to the
    unusually warm weather this spring, the algae concentration may
    dramatically increase before its planned algae control measures
    can be installed and become effective, thereby causing effluent
    total suspended solids violations. To prevent TSS excursions
    along with concomitant NPDES Permit violations, Norchem, Inc. has
    requested effluent TSS limitations of 50 mg/I as a monthly
    *
    The intended result of this division of the polishing pond
    into two distinct areas is to allow a quiescent area in the
    southern portion of the pond and to reduce the water detention
    time in the northern portion of the pond so that the algae will
    not have a chance to proliferate in the northern portion before
    the water is discharged. To allow sufficient flow between the
    two areas of the pond, the curtain will have appropriately sized
    apertures or “windows”. (Rec. 3).
    70-68

    —4—
    average and 100 mg/l as a daily maximum during the short interim
    time period (i.e., 45 days) while its algae controls are in the
    process of being installed. (Rec. 3).
    Additionally, Norchem, Inc. has also requested provisional
    variance relief from 35 Ill. Adm. Code 302.210 to allow the
    application of an aquatic herbicide and chlorine to its polishing
    pond contents. (Rec. 1; 3). Because there are no chlorine
    residual limits either in the company’s NPDES Permit or in the
    Board’s Water Pollution Regulations, and since the Petitioner
    will only introduce the herbicide as an algae control mechanism,
    the Agency considers relief from Section 302.210 to be
    unnecessary and has recommended that the Board deny relief from
    the provision. The Board agrees with the Agency’s reasoning in
    reference to the Petitioner’s requested relief from Section
    302.210 and will therefore follow the Agency’s recommendation in
    that regard.
    Norchern, Inc. has analyzed and considered various
    alternative methods of compliance, but believes that its four-
    part plan for reducing the amount of total suspended solids
    discharged from its polishing plan is best. Concerning possible
    alternatives, the Agency has stated that it “agrees with
    Petitioner that the method selected is the most feasible for
    Petitioner to obtain and install”. (Rec. 4). Nonetheless, the
    Agency’s discussion adds the caveat that “the Agency considers
    the only relief necessary during the requested variance period is
    from the NPDES permit TSS effluent limit”. (Rec. 4).
    Because of the unseasonably warm weather experienced this
    spring which has caused algae concentrations to increase earlier
    than expected, Norchem, Inc. has contended that it would
    experience an arbitrary or unreasonable hardship if its requested
    provisional variance relief were denied. (Rec. 4).
    In its Recommendation, it is stated that “the Agency agrees
    with Petitioner and feels that Petitioner should not be penalized
    for circumstances beyond its control when it has anticipated the
    problem and has been working toward a workable solution to have a
    solution in place by the time the problem would normally be
    expected to occur”. (Rec. 4).
    The Agency has also indicated that there are no federal
    regulations that would preclude the granting of the requested
    provisional variance, and notes that “there are no immediate
    downstream public water supplies which would be adversely
    impacted by this variance since the nearest one is approximately
    100 miles downstream in the Peoria area”. (Rec. 4).
    In reference to the potential environmental impact on the
    receiving stream, the Agency has indicated that it “expects any
    environmental impact on the Illinois River due to increased TSS
    70-69

    —5-
    levels in the effluent discharged to be minimal”. (Rec. 4).
    The Agency has therefore concluded that compliance with the
    applicable standards would impose an arbitrary or unreasonable
    hardship upon Norchem, Inc. (Rec. 1; 4). Accordingly, the Agency
    has recommended that the Board grant the Petitioner a provisional
    variance from 35 Ill. Adm. Code 3O4.120,subject to certain
    conditions.
    Pursuant to Section 35(b) of the Illinois Environmental
    Protection Act, the Board will grant the provisional variance as
    recommended.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORD ER
    Norchem, Inc. is hereby granted a provisional variance from
    35 Ill. Adm. Code 304.120 to allow the Petitioner’s wastewater
    treament facilities to exceed the total suspended solids (TSS)
    effluent limit set by its NPDES Permit #IL0002917 of 25
    milligrams per liter (mg/l) as a monthly average and 50 mg/i as a
    daily maximum, subject to the following conditions:
    1. The provisional variance shall commence on May 22, 1986 and
    shall continue for 45 days thereafter, or until the Petitioner
    has completed the installation of its selected algae control
    method, whichever occurs first.
    2. The Petitioner shall sample and analyze for total suspended
    solids as specified in its current NPDES Permit ~IL00O2917.
    3. The Petitioner shall notify Mr. Dan Ray of the Agency’s
    Compliance Assurance Section via telephone at 217-782-9720 when
    installation of the selected control method is completed. This
    oral communication and notification shall be supplemented by a
    written confirmation that shall be submitted within 5 days to:
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    Compliance Assurance Section
    2200 Churchill Road
    Springfield, Illinois 62706
    Attention: Mr. Dan Ray
    4. Effluent TSS, during the provisional variance period, shall
    be limited to 50 mg/I as monthly average and 100 mg/l as a daily
    maximum.
    5. The Petitioner shall operate its wastewater treatment
    facility so as to produce the best effluent practicable.
    70-70

    -6—
    6. Variance from 35 Ill. Adm. Code 302.210 is hereby denied as
    unnecessary.
    7. Within 10 days of the date of the Board’s Order, the
    Petitioner shall execute a Certification of Acceptance and
    Agreement which shall be sent to Mr. James Frost of the Agency at
    the following address:
    Mr. James Frost
    Illinois Environmental Protection Agency
    Division of Water Pollution Control
    2200 Churchill Road
    Springfield, Illinois 62706
    This certification shall have the following form:
    I, (We),
    ,
    having read
    the Order of the Illinois Pollution Control Board in PCB 86-72,
    dated May 22, 1986, understand and accept the said Order,
    realizing that such acceptance renders all terms and conditions
    thereto binding and enforceable.
    Pétitioner
    By: Authorized Agent
    Title
    Date
    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
    -~-(~
    day of
    __________________,
    1986 by a
    vote of _______________________
    Dorothy M.7Gunn, Clerk
    Illinois Pollution Control Board
    70-7 1

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