STATE OF ILLINOIS
    SS
    COUNTY OF MADISON
    BEFORE THE POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
    IN THE MATTER OF:
    NO:
    PCB-70-ll
    Atrnlication for extension of
    variance of OLIN CORPORATION,
    East Alton,
    Illinois
    ORDER OF VARIANCE
    On June
    29,
    1970, OLIN CORPORATION
    of East Alton,
    Illinois
    filed with
    the Air Pollution Control Board,
    a Petition requesting
    an extension of
    its existing variation, originally granted on
    Ma’i
    18,
    1967,
    to continue disposal of its exolosive trade waste
    by open burning.
    The present variation expires October 22,
    1970.
    The maximum oeriod of time
    for which
    a variation can be granted,
    both under the former Illinois Air Pollution Control Act and the
    present Environmental Protection Act
    is one year.
    Pursuant to the provisions of the Environmental Protection
    Act,
    the Environmental Protection Agency is obliged to make an
    investigation and recommendation
    to the Pollution Control Board
    relative to all variance applications.
    A recommendation by
    the
    Aqency to allow the variance extension was received by
    the Board
    on September
    18,
    1970.
    Because of
    the short time remaining
    until
    the variation would become automatically granted by opera-
    tion of law, and
    the desire on the part of the Board
    to be in-
    formed on the general problem of exolosive waste disposal,
    the
    Chairman wrote to
    L.
    W.
    Maxson, Director,Engineering Services,
    Olin Brass, suggesting that a new Petition be filed in compliance
    with the present statutory provisions relative
    to variances,
    and
    further indicated that
    a Hearing thereon would be expedited.
    A
    new petition
    for variance extension was received by the Pollution
    Control Board on September
    25,
    1970.
    Pursuant to notice,
    a Hearing was held on the new Petition
    for variance extension at the City Hall,.Alton,
    Illinois, on
    October
    15,
    1970.
    Because
    a
    full opinion
    in this cause will be
    prepared by the Board
    in the near future,
    the details
    of the
    1
    65

    testimony and evidence will not be set forth in this Order.
    The Board
    finds that the statutory provisions relating to arbitrary or unreason-
    able hardship as a consequence of compliance with Board regulations
    have been satisfied to the extent necessary to extend the variation
    for the period hereby allowed.
    It is the Order of the Pollution Control Board that the existing
    variance heretofore granted to Olin Corporation permitting open burning
    of explosive trade waste be extended to February 22, 1971, subject to
    the following provisions and conditions:
    1.
    Olin Corporation shall submit a monthly report,
    the first
    being no later than November 19, 1970,
    to the Pollution Control Board
    and the Environmental Protection Agency,
    specifying the nature, degree,
    extent and details of its open burning activities on the premises sub-
    ject to the variation.
    2.
    Olin Corporation shall submit a monthly report to the Pollu-
    tion Control Board and the Environmental Protection Agency indicating
    what progress has been made relative to improved technology and new
    facilities enabling disposal of explosive wastes in compliance with
    statutory provisions and the relevant regulations.
    Such report shall
    further indicate what facilities Olin Corporation is employing or testing
    as well
    as all state of the arts advancements in the industry generally
    and under Federal government direction.
    3.
    If
    the Environmental Protection Agency advises the Board
    that the open burning operation of explosive waste by Olin Corporation
    is producing an undue burden on adjacent neighboring areas, the Board
    shall make a determination as to whether the variance shall be termi-
    nated.
    Said determination shall be made only after a hearing on the
    matter is
    scheduled by
    the Board and held before
    a qualified hearing
    officer.
    Olin Corporation will be notified of the hearing date and
    shall be allowed to participate in said hearing.
    As a result
    of that
    hearing, the Board may terminate the variance granted herein before
    February
    22,
    1971.
    4.
    The variat~onextension hereby granted shall terminate upon
    the establishment of alternative means of disposal of explosive waste,
    relative to all or any part of the Olin Corporation operation resulting
    from the availability of new technology and processes which would
    enable compliance wi:n the relevant statutory provisions and regulations.
    Said determination shall be made only after a hearing on the matter is
    scheduled by the Boai~dand held before a qualified hearing officer.
    Olin Corporation wiLL he notified of the hearing date and shall be
    allowed to participate in said hearing.
    As a result of that hearing,
    the Board may terminate the variance granted herein before February 22,
    1971.
    5.
    A further nearing will be scheduled prior to the ter-
    mination of the
    fou3: ~month extension period hereby granted for
    consideration of any further variance extensions, at which time it will
    be incumbent upon O~n Corporation to make a comprehensive
    I
    —66

    and extensive showing of all methods being presently employed by
    Olin Corporation, by the explosives industry generally and by
    the Federal Government, including those in the experimental
    stage, to abate or minimize air pollution as
    a consequence of
    the disposal of explosive trade waste.
    The Environmental Protection Agency
    is requested to report
    to the Pollution Control Board at the earliest possible time what
    impact the open burning of explosive wastes by Olin Corporation
    has upon the surrounding and adjacent areas, with particular re-
    gard to what attitudes have been expressed by residential occu-
    pants in the immediate vicinity of the Olin Corporation operation.
    IT IS ORDERED THAT:
    Variance heretofore granted Olin Corporation, East Alton,
    Illinois (VR67—9), be extended to February 22,
    1971,
    subject to
    all provisions and conditions above set forth.
    I dissent:
    I, Regina E.
    Ryan, certify that the Board has adonted
    Opinion this~1 day of~,~4L’t)~19.7O.
    the above
    Board
    1
    —67

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