ILLINOIE~POLLUTION CONTROL
BOARD
January
4,
1979
OLIN CORPORATION,
)
Petitioner,
v.
)
PCB 78—259
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF
THE
BOARD
(by Mr. Young):
On October
2,
1978,
Olin Corporation filed a Peti—
tion seeking an extension of
a
variance from the total
suspended solids
(TSS)
requirements of Rule 408(a)
in
Chapter
3:
Water Pollution Regulations
for its 3lockson
Works
in Joliet,
Illinois.
The present variance expired
on September
30,
1978.
On November
6, 1978,
the Agency
filed its recommendation
in support of the grant of the
variance.
The Board adopted an Interim Order on December
14,
1978,
to consider an amendment to the Agency’s recom-
mendation filed December
8,
1978.
The Petitioner waived
decision until January
4,
1979.
Petitioner owns and operates
a phosphorus manu-
facturing facility near Joliet,
Illinois, which discharges
wastewater to the DesPlaines River.
since the early
1970’s, Olin has attempted various methods to improve
the quality of its discharge.
In 1974,
the Petitioner
completed the installation of a clarifier system, but
the operation of this system could not consistently main-
tain the TSS limitations of Rule 408(a).
In PCB 74—492,
Olin was granted a variance until ~iarch 1,
1976, provided
that Petitioner submit
a compliance plan with the Rule
408(a)
TSS requirements using the existing clarifier
equipment or by implementing alternative control technology.
On February 18,
1976, Petitioner
sought an extension
to its variance in PCB 76-45
to install a total recycle
system.
The Board granted Olin a variance from the TSS
limitation
in Rule 408(a)
until January
1,
1977.
When
difficulties arose
in installing
the
recycle system, Olin
was
granted a variance until June
30,
1977,
in PCB 76-328,
on the condition that Olin continue to eliminate all waste-
water sources which are tributary to Petitioner’s storm
drainage system to achieve compliance with the Chapter
3
effluent requirements.
32—369
—2—
In the last variance proceeding,
PCB 78-6, Olin
reported that it had submitted an amended compliance plan
which included approximately
40 projects designed to
remove wastewater contamination from the storm sewer
effluent.
However, Olin requested additional time to
identify sources of spills and contamination into the
storm sewer system and to implement control programs.
On March 30,
1978, the Board granted Olin a variance
until September 30, 1978, provided that Petitioner
direct its control programs toward compliance with
Chapter
3 effluent requirements.
In this proceeding, Olin has proposed to achieve
compliance with the TSS requirements
of Rule 408(a)
by constructing three storm water lagoons designed to
treat the 24-hour once—in-25—year storm event with a
design average flow of
1.35 MGD.
According to Petitioner!s
amended compliance plan,
the storm water impoundment system
is scheduled for completion by August
31, 1979
(Rec.
2,
3).
While the chronicle of Petitioner’s program to meet
the Rule 408(a) TSS limitation has been lengthy with several
grants of variance,
the Board finds that Olin has followed
the compliance schedules required by past variance orders.
Therefore a variance will be granted
from
the total sus-
pended solids requirements of Rule 408(a) until August
31,
1979,
to allow for completion of the control system.
The Board will direct the Agency to modify Peti-
tioner’s NPDES permit pursuant to Rule 914 of Chapter
3 to
include interim monitoring and reporting requirements and
such effluent limitations
as may be reasonably achieved
through the application of best practicable operation and
maintenance practices
in the existing facilities.
This Opinion constitutes the Board’s findings of
fact and conclusions of law in this matter.
ORDER
1.
The Petitioner,
Olin Corporation,
is hereby
granted a variance for its Blockson Works from Rule 408(a)
of Chapter
3:
Water Pollution Regulations as it applies
to total suspended solids until August
31,
1979,
subject
to the following condition:
(a)
Petitioner
shall submit monthly com-
pliance and construction status reports
on the last day of each month to the
Agency.
32—370
—3—
2.
Petitioner, within
30 days of the date of this
Order,
shall request Agency modification of NPDES permit
to incorporate all conditions of the variance set forth
herein.
3.
The Agency, pursuant to Rule
914 of Chapter
3,
shall modify NPDES permit consistent with the conditions
set forth
in this Order including interim monitoring and
reporting requirements and such effluent limitations as
may reasonably he achieved through the application of
best practicable operation and maintenance practices
in
the existing facilities.
4.
Within forty-five
(45)
days of the date of this
Order,
the Petitioner
shall submit to the Manager, Variance
Section, Division of ~‘7aterPollution Control, Illinois
Environmental Protection Agency,
2200 Churchill Road,
Springfield,
Illinois,
62706, an executed Certification of
Acceptance and Agreement to be bound to all terms and
conditions of the variance.
The forty-five day period
herein shall be suspended during judicial review of this
variance pursuant to Section
31
of the Environmental Pro-
tection Act.
The form of said certification shall
be as
follows:
CERTIFICATION
I,
(We), _______________________
having
read the Order of the Pollution Control Board
in PCB 78-259,
understand and accept said Order,
realizing that such acceptance renders all terms
and conditions thereto binding and enforceable.
SIGNED
TITLE
DATE
IT IS SO ORDERED.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board,
he
by certify the above Opinion and Order were
adopted
op.
the
_______
day of
_____________________,
1979 by a
vote of
1f-~
-
.
.
Christan
L. Moffet ,/~Jerk
Illinois Pollution C&~rol Board
32—37 1