ILLINOIS POLLUTION CONTROL BOARD
    September 8, 1988
    A.E. STALEY MANUFACTURING
    )
    DIVISION OF STALEY CONTINENTAL
    )
    INC., and DECATUR, CITY OF,
    )
    Petitioners,
    v.
    )
    PCB 88—146
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board upon receipt of the
    Illinois Environmental Protection Agency’s (IEPA) September 7,
    1988 Agency Recommendation. The Recommendation sets forth the
    relevant parts as follows:
    On August 31, 1988 the IEPA received a joint request for a
    provisional variance from the City of Decatur and A.E. Staley
    Manufacturing, to allow the discharge of uncontaminated cooling
    water waste stream into Lake Decatur. The waste stream consists
    of 1.5 million gallons of “uncontaminated cooling waters” which
    is currently being discharged into Lake Decatur under NPDES
    Permit #IL0002381.
    Petitioners state that owing to unprecedented drought
    conditions the level of Lake Decatur has dropped to the point at
    which the intake water supply main of the City of Decatur is in
    jeopardy of being exposed. Dredging operations have begun in
    hopes of reclaiming some of the Lake’s volume due to
    sedimentation. Water restrictions have also been imposed in
    hopes of reducing water consumption demand.
    Staley has proposed to reroute 1 MGD of its current
    Uncontaminated cooling water discharge into Lake Decatur. Piping
    modifications will be made in order to allow this cooling water
    to be switched back to the sewer system immediately if the water
    would become contaminated.
    The IEPA has determined that granting the requested variance
    will cause minimal environmental impact. The IEPA further
    determined that denial of the requested provisional variance
    would create an arbitrary and unreasonable hardship on the City
    Of Decatur and recommends that the variance be granted.
    A.E. Staley Manufacturing is hereby granted a provisional
    92—187
    —2—
    variance from the provisions of 35 Iii. Adm. Code 304.141 subject
    to the following conditions:
    a. This variance shall commence on the date of this order
    and continue for 45 days.
    b. During the period of this variance, the effluent
    discharged from A.E. Staley Manufacturing be limited to 25 mg/i
    monthly maximum BOD, other effluent limits shall remain the same
    as their NPDES permit (1L0002381).
    c. During the period of this variance, Staley may return
    up to 1.2 MGD of “uncontaminated cooling water to Lake Decatur in
    addition to the non contact cooling water and stormwater runoff
    which they are currently allowed to discharge to the Lake per
    their NPDES Permit.
    d. During the period of this variance, Staley shall
    continue to conduct total organic carbon (TOC) analysis at the
    current frequency levels (i.e. every four hours) on the
    “uncontaminated” cooling water discharge. If the TOC analysis
    from this discharge are above 25 ppm then Staley shall divert the
    discharge to Decatur Sanitary District’s treament works until any
    potential problem has been addressed and TOC levels are below 25
    ppm. TOC results as well as available BOD results shall also be
    submitted to the Agency on a weekly basis.
    e. Within 10 days of the date of the Board’s Order,
    Petitioner shall execute a Certification of Acceptance and
    Agreement which shall be sent to Mark T. Books at the following
    address:
    Illinois Environmental Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794—9276
    Attn: Mark T. Books
    This variance shall be void if Petitioner fails to
    execute and forward the certificate within the 10—day period.
    The ten—day period shall be held in abeyance during any period
    that this matter is being appealed. The form of said
    Certification shall be as follows:
    CERTIFICATION
    I, (We), A.E. Staley Manufacturing Division of Staley
    Continental Inc., and City of Decatur, having read the Order of
    the Illinois Pollution Control Board, in PCB 88—146, dated
    September 8, 1988, understand and accept the said Order,
    realizing that such acceptance renders all terms and conditions
    thereto binding and enforceable.
    92—188
    —3—
    Petitioner
    By: Authorized Agent
    Title
    Date
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat. 1985 ch. 111 1/2 par. 1041, provides for appeal of final
    Orders of the Board within 35 days. The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, her~~certifythat he above Order was adopted on
    the
    _____________
    day of
    ___________,
    1988 by a vote
    of
    .
    Dorothy M. G~nn, Clerk
    Illinois Pc~flutionControl Board
    92— 189

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