ILLINOIS POLLUTION CONTROL BOARD
March 29,
1979
CORA DOCK CORPORATION,
Petitioner,
v.
)
PCB 79—8
ENVIRONMENTAL
PROTECTION
AGENCY,
R~spondent.
OPINION
AND
ORDER
OF
THE
BOARD
(by
Dr.
Satchell)
This matter comes before the Board upon a variance
petition filed on January 16,
1979 by Cora Dock Corporation.
Petitioner requests variance from effluent standards in the
Chapter
3:
Water Pollution Regulations, Rule 408(a), and asks
that the effluent standards of Chanter 4~ Mine Related Pollu-
tion be made applicable.
The Environmental Protection Agency
(Agency)
filed
a recommendation on February
21,
1979.
Petitioner waived a hearing on this matter.
Petitioner proposes to construct and operate a terminal
for transferring coal from rail cars to river barges for
delivery to electric power generating stations located on the
lower Mississippi River and Gulf Coast.
The facility will be
located in Jackson County at Mississippi River mile 98.5.
The
property adjoining the proposed site
is presently both developed
and undeveloped agricultural land.
Coal will be unloaded from
rail cars, stored and loaded onto barges without processing.
Anticipated start-up of the terminal is May,
1980.
The
life of the facility is expected to be twenty-five years.
At
capacity,
the terminal will operate 365 days per year,
three
shifts per day.
A
total of forty persons will be employed at
the facility.
As defined by Chapter
3 Petitioner’s proposed facility
constitutes
a
“wastewater source”.
Coal transfer facilities are
not encompassed by the provisions of Chapter
4:
Mine Related
Pollution;
as a result, Petitioner’s facility normally would be
subject to the effluent limitations of Rule 408(a)
of Chapter
3.
In R77-l0,
a proposed rule change to Chapter
4, provisions exist
which would exempt Petitioner’s proposed coal transfer facility
from the effluent limitations of Chapter 3.
The facility would
be subject to the limitations of Chapter
4 under the proposal.
R77-lO is currently pending before the Board.
Petitioner alleges
33—211
—7—
that to meet Chapter
3 requirements would add construction
costs
of $260,040 and would increase annual operating and
maintenance
costs by $19,416,
If the proposed Chapter
4
were applicable these additional costs would be unnecessary.
Petitioner asserts that requiring Chapter
3 effluent standards
to be met during the pending regulation changes would impose
an arbitrary and unreasonable hardship.
The Agency does not
dispute these statements.
Petitioner’s
facility also comes under federal restrictions
and would be classified as a “new source coal mine”.
Effluent
limitations for Petitioner’s facility are based upon application
of the best available demonstrated control technology.
Section
510 of the Federal Water Pollution Control Act
(FWPCA)
provides
that a state may not enforce any effluent limitation which
is
less stringent than the limitation under the FWPCA.
At this
time Petitioner does not possess an NPDES permit for its
proposed facility.
The Agency recommends the grant of the variance subject to
certain conditions.
The Board finds that Petitioner
would
suffer
an arbitrary and unreasonable hardship if required to comply with
Rule 408(a)
of Chapter
3 during the pendency of the proposed
revisions to Chapter 4.
The quantities and qualities of effluent
will have minimal impact on the Mississippi River.
All rain
falling on coal storage piles will be collected and treated prior
to discharge.
Water from the treatment pond will he pumped into
the dust suppression/firewater system.
During a year with normal
rainfall, the expected water usage will balance the rainfall
resulting in no 0r only minor discharges of effluent.
In a dry
year, no discharge
is expected.
Only in a wet year or a year with
small throughputs will effluent be discharged.
Dust suppression
water will essentially remain in the coal and be shipped out with
it or evaporated.
The Board will grant Petitioner a variance
from Rule 408(a)
of Chapter
3
for
three
years or until final
resolution of R77—lO, whichever shall occur first, subject
to
the Agency’s suggested conditions.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is
the
Order
of
the
Pollution Control Board that Cora
Dock
Corporation
is
granted a variance for its coal transfer
facility from Rule
408(a)
of
Chapter
3:
Water
Pollution
Regu-
lations for three years or until final resolution of R77-l0,
whichever shall occur first,
subject to the following conditions:
1.
Petitioner shall be required to meet the following
effluent limitations:
33—212
—3—
Effluent
Characteristics
Effluent Limitations
Maximum
for
Average
of
Daily
Any
1
Day
Values
for
30
Consecutive Days
Shall
Not
Exceed:
Milligrams
Per
Liter
TSS1~
50.0
35.0
Iron,
total
6.0
3.0
Manganese,
total
4.0
2.0
pH2”
Within
the
range
of
6
to
9
Acid
(Total
acidity
shall
not
exceed total alkalinity)
l/
Applicable at all times except during a rainfall which is
demonstrated
to
have
caused
violation
of
the
standard;
in
which
event
150
mg/l
is
applicable.
2/
Not subject to averaging.
2.
Petitioner,
within
forty-five
days
of
the
Board
Order
herein,
shall execute and forward to the Illinois
Environmental Protection Agency, Mine Pollution Control
Program,
2200 Churchill Road,
Springfield, Illinois
62706,
a Certification of Acceptance and Agreement to
be bound to all terms and conditions of this variance.
This forty-five day period shall be held in abeyance
for any period during which this matter
is appealed.
The form of said Certification shall be as follows:
CERTIFICATION
I
(We),
______
________________,
having read and fully
understanding the Pollution Control Board in
PC1B 79-8,
hereby
accept said Order and agree to be bound by all terms and con-
ditions thereof.
TITLE
DATE
33—2 13
—4—
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the
~
day of
___________,
1979 by a vote
of
______
.
Christan
L. Môffe~
Clerk
Illinois Pollutithr’
ontrol Board
33-214