ILLINOIS POLLUTION CONTROL BOARD
    August
    5,
    1976
    STEPAN CHEMICAL COMPANY,
    )
    Petitioner,
    V.
    )
    PCB 75-503
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION
    AND
    ORDER OF TEE BOARD
    (by Mr.
    Zeitlin):
    The Petition for Variance in this matter was filed by
    Stepan Chemical Company
    (Stepan)
    on December
    24, 1975,
    seeking a
    seven month extension from December 31, 1975 until July 31, 1976
    of a Variance previously granted
    (PCB 74-317)
    from Rule 404(b)
    of
    Chapter
    3:
    Water Pollution,
    of the Board’s Rules and Regulations.
    PCB Regs.,
    Ch.
    3,
    Rule 404(b).
    The Agency’s Recommendation was
    filed on July 14, 1976.
    No hearing was held in this matter.
    Stepan operates a chemical plant located on the Des Plaines
    River
    in Will County, Illinois, at which it produces phthalic
    anhydride,
    liquid detergent intermediates, dry cleaning emulsifiers,
    polyurethane foam systems and high purity specialities for the
    cosmetic industry.
    That plant and its wastewater discharges are
    fully described in three previous Board Opinions:
    EPA v.
    Stepan
    and Stepan v. EPA
    (consolidated), PCB 72-489, 73-184,
    11 PCB
    7
    (Jan.
    24,
    1974); citizens for a Better Environment v.
    Stepan and
    Stepan
    v.
    EPA
    (consolidated),
    PCB 74—201,
    74—270, 74—317,
    15 PCB
    445,
    15 PCB 467
    (Mr. Dumelle concurring),
    15 PCB 469
    (Dr.
    Odell
    dissenting
    as to the penalty)
    (Feb.
    14,
    1975);
    Id.,
    (Supplemental
    Opinion and Order on Motion for Rehearing and Reconsideration),
    16 PCB 539
    (May
    8,
    1975).
    A brief summary of the facts is necessary
    here.
    An Enforcement action
    (PCB 72-489)
    filed by the Agency on
    December
    13, 1972 charged Stepan with various water pollution
    violations with regard to its Millsdale Plant.
    In the Opinion and
    Order on that and a consolidated Variance case
    (PCB 73-184)
    filed
    May 2,
    1973,
    the Board penalized Stepan $12,500 and granted Variance
    from Rule 404(f) until July 15,
    1974.
    In the consolidated Enforcement, Variance and Permit Appeal
    cases, PCB 74-201, 74-270 and 74-317, the Board again found Stepan
    in violation and again granted Variances.
    As later modified by the
    Board’s Supplemental Opinion and Order of May 8,
    1975, our Order
    there allowed Stepan a Variance from the rules applicable to its
    discharge until December 31,
    1975.
    In addition,
    our Order required
    that Stepan cease its discharge into Cedar Creek and discharge via
    pipeline into the Des Plaines River.
    23
    —
    219
    —2—
    More recently, all parties to the latter case moved for a remand
    of the matter to the Board from the Appellate Court,
    Third District,
    and submitted a Stipulation and Proposal for Settlement to the Board
    asking certain modifications of our Orders
    (as amended)
    in PCB 74-201,
    74—270 and 74—317.
    Those modifications are approved
    in a separate
    Opinion and Order adopted today.
    In this case, Stepan asks that the Variance previously granted
    be extended by the Board to allow its discharges to the Des Plaines
    River to which its effluent has been piped since August
    8,
    1975.
    The basis of that request
    is that an additional seven months will
    be needed to place certain new wastewater treatment facilities into
    full operation as a result of necessary construction plan modifica-
    tions and unanticipated equipment delivery delays.
    Since our previous Variance Orders, Stepan has been forced to
    make plan modifications for the additions to the wastewater treat-
    ment plant.
    The primary change,
    resulting from predicted foaming
    problems, has been to convert a pre—aeration lagoon into an activated
    sludge basin, which will control foaming and allow additional DOD
    removal.
    Although Stepan decided in October, 1975 to convert this
    3.5 million gallon activated sludge basin to a similarly sized
    tank,
    in an effort to speed construction, the conversion to activated
    sludge has nonetheless delayed compliance.
    Additional problems have arisen as a result of delayed equipment
    deliveries.
    Stepan was unable to obtain an acceptable delivery date
    for certain necessary pumps and was forced to change vendors with
    regard to those items.
    As a result, delivery could not be scheduled
    until April,
    1976.
    It appears
    that these delays were unavoidable, and that Stepan
    has attempted to achieve compliance
    as quickly as possible under
    its
    Variances.
    Depriving Stepan of a shield from enforcement during a
    period when it could not have complied would impose an unreasonable
    hardship.
    Balanced against the environmental harm likely to result,
    that
    hardship leads us to decide that the requested Variance
    is warranted.
    Stepan acted quickly following our previous Orders to divert its
    effluent from Cedar Creek to the Des Plaines River,
    which
    has more
    assimilative capacity.
    As noted in our Opinion today in PCB 74-201,
    74—270 and 74-317, Stepan has also made other operating changes to
    increase the quality of that effluent.
    The Agency, recommending
    that the Variance be granted, claims that the
    75 and
    80 mg/i BOD
    and SS limits under the Variance are reasonable
    in light of the
    proposed settlement of the appeal in PCB 74—201,
    74—270 and 74-317,
    the implementation of a costly compliance program and the short term
    remaining on the Variance request.
    Finally, and most importantly,
    this extension calls for complete compliance by July 31,
    1976.
    23
    —
    220
    —3—
    The conditions on the Variance shall be the same as those in
    PCB 74-201,
    74—270 and 74-317, as amended May 8, 1975 and separately
    today.
    These include extensive testing and reporting to the Agency.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that Petitioner
    Stepan Chemical Company be granted a Variance from Rule 404(b)
    of
    Chapter
    3: Water Pollution, for discharges from its Millsdale Plant
    to the Des Plaines River from December 31,
    1975 until July 31,
    1976,
    subject to the following conditions:
    1.
    Compliance with all conditions in the Board’s Order in
    PCB 74—201,
    74—270 and 74—317
    (consolidated),
    as subsequently modified
    by the Board on May
    8,
    1975 and August
    5,
    1976.
    2.
    Petitioner shall, within twenty-one
    (21)
    days of the date
    of this Order, execute and forward to the Environmental Protection
    Agency, Control Program Coordinator, 2200 Churchill
    Road, Springfield,
    Illinois 62706,
    a Certificate of Acceptance in the following
    form:
    I,
    (We), __________________________
    having read
    the Order of the Illinois Pollution Control Board in
    case No. PCB 75-503,
    understand and accept said Order,
    realizing that such acceptance renders all terms and
    conditions thereto binding and enforceable.
    SIGNED
    TITLE
    DATE
    Mr. James Young abstained.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the a ove Opinion and Order
    were
    adopted on the~~1~day of
    ________,
    1976,
    by a vote of
    q...~
    -.
    CQ&~nL.Moffett(~~
    Illinois Pollution Co
    1 Board
    23
    —
    221

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