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
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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
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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
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